How to divorce on grounds of separation
It is mistakenly thought that divorce is automatic after a lengthy separation. This wishful thinking is, sadly, incorrect. To get a divorce it is still necessary to apply for a divorce.
If you want to divorce on the grounds of separation, you need to have been separated for two years (if you both agree) or five years (if you don’t agree) before you can start the process to get a divorce.
Two years separation with consent divorce
Before you decide to apply for a divorce on the grounds of 2 years separation, you should always check with your spouse that they are happy to agree to the divorce on this basis. The reason is that if your spouse does not approve (consent) to your petition, then it will not proceed. And there are significant cost implications.
The court fee of £593 and the costs of preparing the petition are lost. There are also additional costs and complexities to withdraw the petition. You will then find yourself back to square one having to start a petition based on a different ground.
Five years of separation no consent divorce
Five year separation is the easiest divorce petition to file because no consent (agreement) is required from the Respondent (the spouse receiving the divorce request). Even though the Respondent doesn’t have to agree, they still need to be aware that you want to divorce them. This means that you need to know where they live when you apply for your divorce, and show that they have received the paperwork.
Frequently Asked Questions
Help! I don’t want to wait two years! How can I get divorced?
If you are not already separated and you are looking to apply for a divorce immediately, it must be based on complaints of unreasonable behaviour or adultery.
To use unreasonable behaviour for divorce, you must show that the conduct of your spouse is such that it is unreasonable to expect you to live with them.
When giving the evidence, you cannot use your own behaviour. It must be the behaviour of your spouse. You will need to provide the court with several written examples of your spouse’s unreasonable behaviour.
To divorce for unreasonable behaviour, you need to be married for at least 12 months. This makes unreasonable behaviour the quickest ground for divorce, followed by two years of separation with consent.
How Easy Online Divorce can help
Getting a divorce on separation grounds is very straightforward. It’s mainly a paperwork exercise that does not need an expensive high street solicitor who will charge you upwards of £750.
We can handle the entire divorce process from start to finish and even prepare and file a Consent Order so that all financial ties between you and your spouse are severed.
Our Fully Managed online divorce service is £199. For more details click here
Do you need more information?
Divorce can be really confusing so we offer a free no-obligation consultation to help you find the best solution for you. If you would like our help, send us a message or call 0204 530 8101.
