The solicitors have said we are not separated yet because we still have a joint bank account even though we haven''t lived together for two months. Is this correct? The tax office have acknowledged that I am a single parent so why will the court see differently?
You have to be living separate and apart. This would mean running your life separately to that of your spouse.
This would include sleeping in separate bedrooms, preparing your own meal and eating it without your spouse; running your finances separately; having your own social life in which your spouse has no part, etc.
You could lodge a Petition at court and it might get through but it would be 50:50 at best. If you were to pay a £410 court fee only for the petition to be rejected, you would be annoyed to say the least.