Frequently Asked Questions
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How long do I need to be married before I can get a divorce?
You need to be married for at least a year before you can apply to court for a divorce.
If you’ve been married for less than one year, you can apply for an annulment.
How long do I need to be separated before I can get a divorce?
If you have been separated for 2 or more years, and both parties agree to the divorce, then you can apply for a divorce.
If you have been separated for 5 years, you can apply for a divorce even if one party does not agree.
What are grounds for divorce?
Grounds for divorce is a common term used for the legal reasons that a couple can use to start divorce proceedings. In England & Wales there is actually only one official ground for divorce, and that is the irretrievable breakdown of a marriage, based on one or more of the following 5 facts:
- The adultery of your husband or wife with a member of the opposite sex
- The unreasonable behaviour of your husband or wife
- The desertion of you by your husband or wife
- Your two years’ separation from your husband or wife with their consent
- Your five years’ separation from your husband or wife without their consent
What is a separation agreement?
A separation agreement is a legal agreement which can be drawn up by a solicitor on your behalf. You may want a separation agreement if you are unmarried or married and cannot or do not want to get a divorce straight away. A separation agreement is a legal document is done properly but not directly enforceable like a court order.