Judge`s query re: living together while separated

I am handling my own divorce petition and applied for divorce under 2 years mutual separation in October.

I was hoping to be at Decree Nisi stage by now but the Judge has come back and asked questions about the 3 month period,at the beginning of the sepaeration where my ex and I continued to live under the same roof.

He`s asked did we eat together,where did we sleep or did we do domestic chores together?

Is this normal?

I thought that if divorcing by by mutual consent that this would be irreleevant?

What is the judge looking for?

Its a common problem when you don`t use a solicitor, the wording you used in section six of D8 has caused the judge to doubt if you really have lived apart for two years.

Now you have to write and make clear that if you lived under the same roof you lived as separate entity`s if you did of course.

If you slept together cooked for each other did the laundry for each other your snookered, the judge will refuse the divorce.

If you make it clear you did nothing as a couple, and i mean bought your own food ect you should be ok.

There wasn`t anyway I could see to avoid the question on the form as it asked where we lived during the time of our separation.
We cooked separately,did our laundry separeately and came and went as we pleased. We did sometimes eat together, if the kids were around at their request and through sheer necessity,slept in the same rooom,if we were both in simply because we had no where else to sleep.

Do you think he would refuse? If so that seems ridiculous

If so what next? Given that it is now 2 years and 4 months since we lived apart,should I simply reapply? What a waste of time and money if that is the case.....

If oyu write back and say we ate together from time to time, we slept in the same room, it will be refused, you`ll get a letter saying amend the application and renew Directions for trial, oh and they charge £90 for the privilege, isn''t family law fun eh!, this is when it makes more sense to use the wiki service, if you get it wrong again you will have paid more in amendment fee`s than if you had used a wiki solicitor from the start.

Well I can`t lie so it will see likely I will be paying another £90!

What a ridculaous state of affairs. Might understand why if were not divorce via mutual consent,but this seems bonkers.

Oh well,I can say 2 years and 4 months on reapplication.

Thanks for the heads up.

The law is not flexible, if you ask for divorce on the basis of two years separation and you have not lived apart for two years the judge cannot allow it, but yes you should be fine second time around assuming there are no mistakes on D80-D84.

I suppose it`s all to do with the legal definition of "separated."

As far as my ex and I were concerned we were separated but merely shared a house out of financial necessity, until such time it was sold.

Would be easier if the courts advised that this was the case,rather than waste time and money though.

Oh well,I guess I`ll wait a few weeks for them to tell me that and then start the reapplication.

I`ll have been separated for 3 years by then....