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:

  1. The adultery of your husband or wife with a member of the opposite sex
  2. The unreasonable behaviour of your husband or wife
  3. The desertion of you by your husband or wife
  4. Your two years’ separation from your husband or wife with their consent
  5. 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.