How Long Do You Have To Be Separated Before Divorce is Automatic

This summary provides general information and does not constitute legal advice on any individual circumstances.
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Divorce Waiting Periods Explained

Under old UK divorce law if you were separated from your husband or wife for five years or more then it would be hard for your spouse to oppose your divorce application, although not impossible. Even after a five-year separation you still needed to start divorce proceedings as the divorce was not automatic.

With the introduction of no-fault divorce proceedings, you no longer need to explain the reasons why your marriage has broken down in the divorce application. The two old separation grounds for a UK divorce (two years of separation with your spouse’s consent or five years if you did not have their agreement to a divorce) no longer apply.

No-fault Divorce Proceedings and Waiting Periods

In no-fault divorce proceedings, you do not need to have been separated from your husband or wife for a minimum period before you or they can start divorce proceedings, although you do need to have been married for at least twelve months before you can submit a divorce application.

No-fault Divorce Timeframe

A no-fault divorce takes a while to finalise because of court rules. A husband or wife (or a couple if they decide to make a joint application) must file a divorce application with the court. They then have to wait twenty weeks before they can progress the divorce application and ask the court to grant a conditional order of divorce. This order does not finalise the divorce proceedings. After a further six-week wait the applicant can apply for the final order of divorce. This order ends the marriage leaving you free to remarry.

The twenty-week waiting period in the no-fault divorce process is intended to give a couple some time for reflection and potential reconciliation. In rare circumstances, it is possible to challenge and reduce the twenty and six-week delay periods.

Financial Claims and Divorce Proceedings

Some people think that after your final order of divorce, you or your former spouse can no longer bring a financial claim and ask for a divorce financial settlement. That is incorrect. There is no automatic bar to bringing a financial claim even if you have been separated for many years or even if your final order of divorce was pronounced five, ten, or even twenty years ago.

You can protect yourself from potential future financial claims by negotiating a financial clean break and asking your family law solicitor to obtain a financial consent order for you. An agreed financial consent order can normally be obtained from a court without your having to attend a court hearing. The consent order gives you financial security and peace of mind.

Fixed Fee Divorce

At Fullers Family Law we offer a fixed-fee divorce service. Our team can advise you on whether this divorce fixed fee service is best for you and discuss how best to resolve any other matters, such as your divorce financial settlement or the parenting arrangements for children.