When Can I Get A Divorce
Clear guidance on your legal options and the right time to move forward
When Can I Get A Divorce
In England & Wales, you may apply for a divorce if the following conditions are met:
- You and your spouse have been married for at least one year
- The marriage has irretrievably broken down
- Your marriage is legally valid in England & Wales, including same-sex marriages
- Either you or your spouse normally lives in England & Wales
In certain situations, divorce may not be the most suitable option. Based on your individual
circumstances, you may instead consider annulment or legal separation. Both annulment and
legal separation can be applied for within the first year of marriage, depending on eligibility.
Can I Get A Divorce If My Spouse’s Whereabouts Are Unknown?
Yes, it is still possible to obtain a divorce in England & Wales even if your husband or wife
cannot be located. Our experienced divorce solicitors can guide you through the specific legal
steps required when the whereabouts of your spouse are unknown. In such cases, the divorce
procedure usually takes longer than a standard divorce because additional court requirements
must be met where the Respondent cannot be traced.
Grounds For Divorce
You may apply for a divorce if your marriage has broken down irretrievably and there is no
realistic chance of reconciliation. This means that one or both spouses believe the marriage
cannot continue. Either spouse can submit an application to the divorce court in England &
Wales to legally end the marriage, provided you have been married for at least one year and at
least one of you has been resident in England & Wales during the year before the application is
filed.
The divorce application is known as a Petition. The person who submits the Petition is referred
to as the Petitioner, while the other spouse is known as the Respondent.
To proceed with a divorce, you must rely on one or more of the following five legally recognised
reasons (also called “facts”) to show that the marriage has irretrievably broken down:
Adultery
Adultery is recognised as a valid ground for divorce where it has caused the marriage to break
down irretrievably. Adultery occurs when your husband or wife has had sexual relations with
someone of the opposite sex, making it unreasonable for you to continue living together. In
many cases, adultery is proven through an admission by your spouse. Where there is no
admission, you should seek advice from a divorce solicitor regarding the evidence required. If
you continue to live together for more than six months after discovering the adultery, it will
usually no longer be accepted as a ground for divorce unless the adultery is ongoing.
Unreasonable Behaviour
Unreasonable behaviour is one of the most commonly used grounds for divorce. It applies
where your spouse has behaved in such a way that you cannot reasonably be expected to
continue living with them, resulting in the irretrievable breakdown of the marriage. This ground
can include a wide range of conduct. When preparing the divorce petition, you should focus on
the key behaviours that have made the relationship intolerable, which are briefly outlined in the
application. As with adultery, you cannot normally rely on a single incident that occurred more
than six months before filing the petition if you have continued to live together since then.
Examples of unreasonable behaviour may include:
- physical abuse or violence
- verbal abuse, including threats or insults
- excessive drinking or drug misuse
- refusal to contribute to shared household expenses
Desertion Of The Petitioner By The Respondent
A divorce may also be granted where the Respondent has deserted the Petitioner for a
continuous period of more than two years, leading to the irretrievable breakdown of the
marriage. Desertion means that one spouse has left the other without consent, without
justification, and with the intention of ending the marital relationship.
2 Years Separation And Respondent Consenting To Divorce
You can apply for a divorce if you and your spouse have lived apart for more than two years and
the Respondent agrees to the divorce. This is commonly referred to as a no-fault divorce.
Periods of reconciliation are allowed, provided they do not exceed six months in total and you
have lived separately for at least two years overall. Your spouse must give written consent.
Separation can still be established even if you have lived in the same property, as long as you
were not living together as a couple, such as sleeping and eating separately.
5 Years Separation
You may also apply for divorce if you have lived separately for more than five years and the
marriage has irretrievably broken down. In this situation, the Respondent’s consent is not
required. The Respondent cannot prevent the divorce on this basis, although they may ask the
court to delay the final order if granting the divorce would cause significant financial or other
serious hardship.