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« Funding your divorce or family law matter | Main | Can I have my marriage annulled if I no longer share a bed with my husband/wife? »

Can I get a divorce if I have been married for less than a year?

Jo Spain, family law solicitor

The answer is no!  It is not possible to apply for a divorce in England and Wales until you have been married for one year.

So if you no longer wish to live together what can you do?

You can simply separate and divide up your finances.  Alternatively you can do the above and enter into a Deed of Separation, a document setting out how you intend to divide your property.  This can form the basis of your Court Order once you are able to divorce.

If you still want to end the marriage you can check whether you are able to apply for an annulment of your marriage.  This is only possible if certain factors apply (such as non-consummation).  It may be that the marriage can be annulled and you will not have to wait for a year to do so.


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