Many couples view separation as the first step toward divorce. However, it’s a common misconception that time apart alone can legally end a marriage. In the UK, divorce is a formal legal process that must be initiated through the court system—no matter how long you and your spouse have been living separately.
Following changes to the law introduced by the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022, the UK now operates a no-fault divorce system. This means there is no longer a requirement to assign blame for the breakdown of a marriage. Importantly, it also means you do not need to prove separation for a specific amount of time before filing for divorce.
Do you need to wait before you can divorce?
The short answer is no. Under the current law in England and Wales, you don’t need to wait any specific length of time after separating before you apply for a divorce. However, there is one key requirement – you must have been married for at least 12 months before you are eligible to begin divorce proceedings. This is a legal prerequisite and applies regardless of whether you separated a week ago or several years ago.
Even if you’ve been separated for many years, divorce is never automatic. You must still submit a divorce application and follow the legal process. If you have already been apart for two years or more, this may influence other elements of the divorce, such as financial settlements but it does not speed up or bypass the formal procedure.
The new divorce process: what to expect
Under the no-fault divorce process, you (or you and your spouse jointly) begin by submitting a statement that the marriage has irretrievably broken down. You are not required to give any further reasons or provide evidence of wrongdoing or separation. Once the application is received by the court, a mandatory 20-week reflection period begins.
This 20-week period is built into the process to allow both parties time to consider their decision. It can also be used to make important arrangements, such as child contact plans or financial agreements, before the divorce is finalised. After this period, you may apply for a Conditional Order – the court’s formal confirmation that the divorce can proceed.
Related: Why No-Fault Divorce is Important in the UK
Navigating divorce when only one partner agrees
One common concern is whether a divorce can go ahead if one partner disagrees. Under previous law, this could cause significant delays. However, the introduction of the no-fault divorce process in April 2022 means that one partner can apply for divorce without the other’s consent. There’s no longer a need to prove unreasonable behaviour, adultery or extended separation, just a statement that the marriage has irretrievably broken down.
Even if one spouse is opposed, they cannot stop the divorce from proceeding. This change in the law has made divorce more straightforward and removed many of the emotional and legal obstacles that existed under the old system.
The impact of long-term separation on financial and child arrangements
Being separated for a long time before divorcing can affect how finances and parenting arrangements are dealt with. For example, if one partner has been paying all the household costs or supporting the children alone, they may want this to be reflected in the financial settlement. Similarly, arrangements that have become the norm – such as where the children live or who they see regularly, can influence court decisions later.
This is why it’s important to get legal advice even before applying for divorce, particularly if you’ve been separated for a while. A solicitor can help document existing financial contributions and parenting agreements so these are considered in any formal settlement.
Can you remain separated without divorcing?
Yes, some couples choose legal separation over divorce. A separation agreement can outline how assets and parenting responsibilities will be shared while you remain married. This may be suitable for couples who don’t want to divorce for religious, financial or personal reasons.
However, it’s important to know that separation does not end your legal marriage. That means you’re still tied together financially in the eyes of the law and either party could claim against the other’s estate or assets in the future. Only divorce ends those legal obligations.
Take the next step with expert legal advice
Whether you’ve just separated or you’ve been living apart for years, knowing when and how to file for divorce is a big step. With no-fault divorce now in place, the process is more accessible but every situation is different, especially when it comes to finances and children.
At Osbourne Pinner Solicitors, we’re here to help you navigate separation and divorce with confidence. We offer a free 30-minute consultation to discuss your circumstances and help you understand your options.
Call 0203 983 5080, email [email protected] or fill out the form below to speak to a divorce solicitor near you. We have offices in Harrow, Canary Wharf, Piccadilly Circus and Manchester – or we can assist you remotely via video call.
