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How long do you need to be Separated Before you can Divorce?

Here at Quickie Divorce, we’re regularly asked whether or not it is necessary for a couple to have been separated for a set period of time before they can divorce one another. We can confirm that, when filing for a divorce in either England or Wales, there is no such requirement. In fact, someone could file for a divorce immediately after they separate from their spouse. Still, it’s worth noting that a couple still have to have been married for at least one year before the courts will consider a request for a divorce. In other words, if a couple have been married for six months and they then separate, they will need to wait for a further six more months before any court in England or Wales will process their divorce. Equally important is the fact that one party (specifically the person that applies for the divorce) will need to blame the other for the breakdown of the marriage. In order to do this they’d need to either argue that their spouse had committed adultery or behaved unreasonably and that they cannot be expected to remain married to them as a result. Whilst many spouses wrongly assume that it will be made public that they were at fault for the breakdown of the marriage or that the courts will treat them less favourably by awarding their spouse a larger share of their assets if they admit to such allegations and accept fault for the breakdown of the marriage, this is not the case for reasons discussed here. Nevertheless, it is far from uncommon for a spouse to contest a divorce when discovering that the divorce petition itself attributes fault to them entirely. In order to avoid this, it is best for the parties to discuss filing on such grounds beforehand and agree on which, if either, person is willing to accept blame and, if they must file on the grounds of unreasonable behaviour, what examples both parties would be happy to both cite and agree to. As discussed previously, there are no negative consequences if either party is willing to accept that they committed adultery or behaved unreasonably but even if neither person want to, then they can still file for and obtain a divorce without one needing to blame the other – they’ll just need to have been living separately for a minimum of two years beforehand.

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