How Soon Can I get a Divorce?

Divorce is a subject that everyone is familiar with but if you have never been through one personally it can be an emotional and difficult time.

Understanding the process and knowing where to start can always be daunting if you don’t know what you are doing.

So, how soon can I get a divorce?

You can get a divorce in the United Kingdom if:

You have been married for over 1 year.
Your relationship has permanently broken down.
Your marriage is legally recognised in the United Kingdom.
The United Kingdom is your permanent home, or the permanent home of your husband or wife.

If you have been married over 1 year you can apply to the courts to get a divorce, but you will need to prove that your marriage has broken down and that it cannot be saved. It can be one or more of the following facts:

Adultery: Your husband/wife had sexual intercourse with someone else, but you cannot use this ground if you lived together as a couple for more than 6 months after you found out about it.
Unreasonable behaviour: Your husband/wife has behaved in such a way that you cannot reasonably be expected to live with them.
Desertion: If your husband/wife has left you for at least 2 years then you can apply for a divorce.
You’ve been separated for at least 2 years: You can apply for a divorce but both parties must agree to it and it must be in writing.
You’ve been separated for at least 5 years: You can apply to the courts for a divorce even if your husband or wife disagrees.

Why do I have to wait 1 year to get a divorce?

Getting a divorce should not be a quick fix to ending a relationship as it is something that needs to be thought about to ensure it is the right decision for the parties.

The legislators were concerned that if the divorce petition could be presented within a year of marriage it could trivialise the marriage vows. A time limit of 3 years was originally the limitation and this was subsequently relaxed to one year so that couples had time to think about their decision and not rush into filing a divorce petition over minor arguments.

What if I can’t wait 1 year?

There are other options to getting a divorce, including getting your marriage annulled, and judicial separation.

Annulment

This is not commonly used but you can get an annulment within the first year of marriage and any time after, however you need to prove that the marriage was never legally valid or that it is defective for one of the following reasons:

You are closely related.
If one of you was under the age of 16 at the time of the marriage.
One of you was already married or in a civil partnership.
It was not consummated.
You did not properly consent to the marriage.
The other person had a Sexually Transmitted Disease when you got married.
Your spouse was pregnant by someone else when you got married.
One spouse is in the process of transitioning into a different gender.

The rules sound complex and in some ways old fashioned. At the moment, there is a strong movement to reform these rules and follow the lead from other countries in achieving a “no fault” divorce so that the facts we currently have to prove are no longer relevant. The Divorce, Dissolution and Separation Bill was delayed by the suspension of Parliament last year and is now firmly back on the list of things to do. The new divorce law would propose a minimum length for proceedings of 20 weeks to enable a “cooling off period” to be built into proceedings in case people change their minds.

If you would like more information on Divorce proceedings, please get in touch with me on 01332 364436 or at e.sherwood@timms-law.com.

Emily Sherwood
March 2020