How long do you have to be separated before divorce?

There’s a lot of confusion about how long you have to be separated before divorce is automatic. Some people think it’s after 2 years, 5 years, or even 7 years of separation for an automatic divorce, but what’s the truth?

In this blog, our UK divorce specialists are going to reveal exactly what you need to know if you are thinking about separation or divorce.

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

In the UK, there is no such thing as an automatic divorce. This is a common misconception about the divorce process, typically from timeframes in other aspects of law and the concept of desertion. It doesn’t matter how many months or years you have been separated – there are legal proceedings that need to take place before your divorce is finalised.

You may be thinking, why do some people say you can get an automatic divorce after seven years, then? Well, before the introduction of no-fault divorce in the UK, couples had to give a reason for their divorce. These were:

1. Adultery
2. Unreasonable behaviour
3. Desertion
4. 2 years of separation (with consent)
5. 5 years of separation

Nowadays, you no longer need to have a reason for divorce, meaning no one needs to be ‘blamed’. However, both parties need to be involved in the legal process – even if you apply for a divorce as a sole applicant.

Hear from one of our expert lawyers 

Kiren Kaur, a Solicitor based in our Chelmsford law office, says:

“The reality is that a divorce is a formal, legal process that requires specific steps to be carried out, with a minimum timeframe of around 6-9 months, which includes a 20-week reflection period, even with the introduction of no-fault divorce.

“A divorce can still be challenging, as it is often an emotionally charged experience for couples who decide to separate. However, no-fault divorce provides a separated couple the ability to apply for a divorce without attaching blame. It is welcomed by those who wish to remove conflict and hostility from divorce proceedings so they can focus on practical arrangements, such as contact arrangements for their children and the financial arrangements that need to be resolved to enable them to move forward.

“The new divorce process in a nutshell: 

• Step One: You submit a divorce application with the court either as sole applicant or jointly with your spouse. 
• Step Two: the court issues the application, and the 20-week reflection period starts. 
• Step Three: If you have submitted a sole application, your spouse (the respondent) will be served with a copy of the issued divorce application and will need to reply in an acknowledgement of service within 14 days. 
•  Step Four: The 20-week reflection period ends, you can apply to the court for a conditional order which confirms that you are entitled to a divorce. If you submitted a joint application, both of you make this application.
• Step Five: You wait 6 weeks and 1 day from the conditional order being granted. 
• Step Six: You apply for the final order in divorce which will formally end the marriage, unless there are reasons to delay this. If you submitted a joint application, both of you make this application.”

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Comparing the old divorce law with the new no-fault divorce process 

There is still some confusion regarding automatic divorce in the UK despite the introduction of no-fault divorce in April 2022. To provide some clarity, we have compared the old law to the new law to help you better understand what you currently need to do to get divorced.

After 2 years separated 

Before: Under the old divorce law, if you had been separated for two years, you could only get a divorce if both spouses were in agreement. Plus, you had to provide a reason to prove the marriage had broken down.

Now: You can apply for a divorce immediately, even if you are separated but are still living together, as the current law does not require the spouses to live at different addresses. All you need to do is state that your marriage has broken down.

After 5 years separated 

Before: If you and your spouse had been separated for five years, you could apply for a divorce without the consent of your spouse. Often, people thought that this was when a divorce was automatic, despite needing to make a divorce application.

Now: No matter the length of your separation, you can still apply for a divorce whenever.

After 7 years separated 

Before: It was believed that you get an automatic divorce after seven years of separation.

Now: Automatic divorce after seven years is still a myth. Under UK law, you must apply for a divorce through the courts – either as a sole applicant or a joint applicant with your spouse.

After 10 years separated 

Before: Especially after a 10-year separation, it was thought that you and your spouse were definitely divorced – even though you hadn’t formalised anything legally.

Now: Applying for a divorce is still required. Otherwise, you are still legally married, and you and your spouse could be financially linked. Without a financial settlement, they could claim on your pension and even inheritance.

As you can see, automatic divorce continues to be a myth under current UK law – no matter how long you have been separated. If you are still confused about where you stand, reach out to our lawyers today to find out more. 

Getting divorced under the new no-fault divorce process 

No-fault divorce was introduced to UK law in April 2022, following the passing of the Divorce, Dissolution, and Separation Act 2020.

It has many benefits, such as reduced conflict and means you can get divorced faster – especially compared to the old divorce process. However, the no-fault divorce process is still quite a lengthy process. This is simply due to new court rules. For example, there are mandatory waiting periods that are designed to give the couple time for reflection to ensure they are happy and confident in their decision.

Saying that, the legal minimum timeframe for a current divorce is 26 weeks (about six months), but this could be extended due to delays or complications.

So, when can I start my divorce proceedings? 

Under the new UK law, you must have been married for at least 12 months to be able to get divorced. As long as you fall into this category, you can begin divorce proceedings straightaway, rather than waiting for a period of time during your separation.

If you’re not sure where to begin with your divorce, check out our beginner’s guide to divorce.

If you haven’t been married for 12 months or more, but still want to separate from your partner, you may be eligible for an annulment or legal separation instead.

Legal separation in the UK explained 

Deciding to get divorced is a big decision, which shouldn’t be taken lightly. If you and your partner are separated, but you’re not sure if divorce is right for you, you may want to enter a separation agreement. People most commonly choose this option when they have been married for less than a year and legally can’t get divorced or need to stay married due to religious reasons.

In the UK, legal separation lets couples who are married or in a civil partnership live apart and formalise their separation without getting a divorce or dissolution. Formally known as judicial separation, it is recognised by the court in multiple ways:

• Confirms that the couple are legally separated

• Provides help with financial matters, child arrangements, and property

• Ensures the marriage or civil partnership isn’t actually dissolved

It is important to note that legal separation does not mean the court can order a clean break financial order between you and your spouse. So, you may want to consider a financial agreement if you are looking for a legally binding and enforceable order that ends financial ties between you and your spouse.

Of course, a legal separation does not mean that you cannot get divorced later down the line. It simply provides an alternative method of legal separation if divorce is not right for your situation.

If you would like legal advice regarding your divorce or separation, get in contact with our expert solicitors today. As the UK’s largest dedicated team of family lawyers, you can trust us to help no matter your circumstances.