How Long Do We Have To Be Separated Before We Can Divorce?

Under the new no fault divorce law in England and Wales, there is no requirement to be separated for any period of time before getting divorced.

This article below was written before the No Fault Divorce procedure came into force on 6 April 2022. Under the new law, no blame will be placed on either party. Therefore, you are no longer able to commence divorce proceedings using the old five grounds for Divorce. For more information see No Fault Divorce Explained.

Criteria for divorce

To get a divorce in England or Wales, you must have been married for at least one year. The marriage must be legally recognised in the UK. The UK must be your permanent home, or at least the permanent home of your spouse. Finally, you must be able to prove that your marriage has irretrievably broken down.

You no longer have to show that your marriage has irretrievably broken down by proving that one of the ‘five facts’ had taken place. This was suggesting that one party was blaming the other for the breakdown of the marriage. The purpose of the reforms was to remove the ‘blame’ element and the incidental hostility which came with it.

Now, the applicant only has to confirm that the marriage has irretrievably broken down and there is no need to prove a fact or blame the other party.

When can I start divorce proceedings? 

There's no legal time limit on when you can start divorce proceedings, as long as you've been married for one year.

You can begin divorce proceedings as soon as you separate. There is no such thing as a ‘quickie divorce’. Under the new law, there is now a requirement to wait 20 weeks from the date of issue until you can make an application for Conditional Order. The requirement to wait 6 weeks before filing for the Final Order still stands. Therefore, in total, a no fault divorce will take around 7 to 10 months to complete at a minimum.

The above time frames do not take into account resolving financial matters. This can often delay the divorce process, as it's usual practice to hold off completing the divorce until the finances have been agreed and approved by the Court.

Finances

Although the divorce and finances are dealt with simultaneously, they are separate issues. It's important that any financial agreement is documented and approved by the Court. This document should be drafted by a solicitor to ensure that it gives you the protection that you need for the future. Failure to properly document the agreement will mean that financial ties are not severed between you and your ex-spouse, even if you have obtained a Final divorce Order.

Our divorce solicitors can also assist you with the finances, whether that is by making a referral to mediation, negotiating directly with your spouse, representing you at Court or simply drafting the necessary documents.

Speak to our divorce solicitors

We recommend that you get expert legal advice before you start divorce proceedings.

Our divorce solicitors are offering a special fixed fee for a limited length of time only. We can facilitate your no fault divorce for just £500 plus VAT.

To take advantage of our offer, please contact our divorce and family solicitors quoting the code ‘VRJP1’.