What is Nesting and is it on the increase? Can it really work for separating couples?

Nesting is an arrangement where a separating couple still both reside at the family home but at separate times. They will use this arrangement where they have children to ensure that the children remain living in the family home at all times. Each parent then takes turns living at the property and when they are not there will either stay in a rented property or with friends or family.

This has certainly become more common during the cost-of-living crisis and can be used where there are no children but the couple have pets that cannot live elsewhere until a new property is purchased. This arrangement can create more stability for the children, so they do not have to move between two households and avoids the purchasing of duplicate items/clothing for them. This arrangement can also save the parties costs, particularly if they are able to stay with friends or family at a minimal cost.

We find that this arrangement should be on a short to medium term basis and usually whilst a financial settlement is agreed/implemented. This can include waiting for the sale of the family home to be completed so that parties have the finances to make any onward purchases or provide rental deposits.

Nesting should be entered into with caution as even the most amicable couples can find this difficult and there needs to be respect and open communication between them. Mediation can help the couples iron out their concerns and a family lawyer can also help to negotiate and document any arrangements agreed.

If this is an arrangement that you feel will work for your family, we would recommend that you obtain legal advice at the earliest opportunity so we can assist you with navigating this and to try to ensure this does work for you all in the short term.  To arrange an appointment with a member of our Family Team, please contact us on 01206 764477. The team can offer advice at one of our offices in Colchester, Chelmsford, Frinton-on-Sea, Ipswich or Bury St Edmunds. We offer a free exploratory call so that we can match your specific needs with the right person in our family team.