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Automatic Divorce After Long Separation in the UK

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Published on 03 June 2024 by Amar Ali - Director and Solicitor
Updated on 23 July 2024
Automatic Divorce After Long Separation in the UK

In the UK, contrary to popular belief, you are not automatically divorced after a long separation from your partner, whether for 2, 5, 7, 10, or even 20 years. To get divorced after a long separation, you still must file for divorce. In this article, we will explain all you need to know about separation and divorce, including the new rules under the no-fault divorce law introduced in 2022.  

How long do you have to be separated before divorce in the UK? 

Under the new ‘no fault divorce‘ law, there is no longer a minimum time period that you must be separated before you can get divorced in England and Wales. Before the fault divorce law was introduced in England and Wales in April 2022, couples had to be separated for at least 2 years before divorcing and needed the consent of each other to divorce. Alternatively, it was possible to divorce after a separation of 5 or more years without consent.  

To apply for a divorce under the new no-fault divorce law, you must still have been married or in a civil partnership with your partner for at least 12 months. If you have been married for less than 12 months and you wish to divorce, it may be possible to apply for the annulment of your marriage instead, in certain circumstances. In this situation, it is always best to speak to a family lawyer who can advise you based on your needs and in your best interests.  

If you and your partner cannot decide whether to divorce, another option to consider is a separation agreement. With a separation agreement, you can live separately from your partner but have an agreement on child and financial matters in place (e.g., who will pay the rent or mortgage and who your children will live and when).  

If you have now made the decision to go ahead with divorce or dissolution, you will first need to file a sole or joint no-fault divorce application online. Once your application has been received by the HM Courts and Tribunals Service and they have sent out a notification of divorce application, you will then need to wait 20 weeks (‘cooling off period’) before applying for a conditional order (or decree nisi) and then another 43 days before you can apply for a final order (or decree absolute). During the 20-week cooling-off period, it is important to put in place any child arrangements (i.e., child custody) with your partner and reach a financial settlement on how you will split your marital assets (i.e., money and property). If you cannot agree with your partner on these matters, seeking the help of an expert mediator may help you to reach an agreement. If not, you can apply to the court to make decisions on child arrangements and a financial settlement on your behalf. 

Separation as a ground for divorce  

Since the no-fault divorce law was introduced in England and Wales, separation, whether for 2 years, 5 years, or any other duration, no longer provides grounds for divorce. Under the old divorce law before April 2022, separation did provide grounds for divorce, as follows: 

  • Separation of 2 years – couples could divorce after 2 years separation but required each other’s consent first. 
  • Separation of 5 years – couples could divorce after 5 years separation without each other consent. 

If you have been separated from your spouse for a long time and they cannot be located, you can apply for divorce and ask the court not to serve divorce papers on them. To do this, you will need to complete a ‘statement in support of a request to dispense with service of the divorce/dissolution/(judicial) separation/nullity application on the respondent’. This is also called form D13B. 

Financial settlement after separation 

Whether you have been divorced from your ex-partner for 5 years (or even longer), you can still apply for a financial settlement order. Currently, there is no time limit for financial settlement applications. 

Alternatively, if you have decided to separate from your partner but not get divorced, you may be able to enter into a separation agreement instead of applying for a financial settlement order. Separation agreements, a type of nuptial agreement, are sometimes used (but rarely in practice) by couples who are about to separate or have already separated. The agreement will set out your financial arrangements during the period of separation based on how your finances might be divided in the event of divorce or dissolution. It is important to bear in mind that you must continue to meet your financial responsibilities during separation

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