Articles, information and news on many areas of Family Law.
Written by Family Law Solicitor, and Partner, Jo Spain.
You should always consult your professional adviser for legal or other advice to match your unique situation. The materials on this site comprise SpainWilliams llp's views; they do not constitute legal or other professional advice. Please note our disclaimer.
This partly depends on whether any of the other reasons for divorce apply now. If you have not been separated for two years then the only way you can divorce earlier is by reason of the other person's adultery or their unreasonable behaviour.
Post your commentThe 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?
1 commentsIf you don’t want to divorce but have separated you may be wondering about formalising the separation in some way. You may ask, is it possible to have a “Legal Separation”?
Post your commentThe fifth and final fact which can be used to prove that the marriage has irretrievably broken down is 5 years separation. This means that the parties must have lived separately and apart for more than 5 years.
1 commentsI am often told that a husband or wife has simply left a marriage and asked if a divorce could proceed on the basis of “desertion”.
Post your commentI am often asked “Should I wait until I’ve been separated for two years and then I will be automatically divorced?”.
Post your commentAdultery is a common reason for Divorce in England and Wales as it is one of the two reasons which can be used if parties are not separated or have not been separated for two years. The other is Unreasonable Behaviour.
Post your commentThe ending of a Civil Partnership can be dealt with in a similar way to the ending of a Marriage.
Post your commentIf you are cohabiting but are not married then you may be financially vulnerable if it all falls apart.
There is no such thing as a “common law spouse” and you have none of the protection afforded to married couples under matrimonial law. This may come as a surprise (and a worry) especially if you have children.
Post your commentIf you are separating but don't want to start a Divorce then you may consider entering into a Separation Agreement or Deed of Separation.
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