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Separation Requirements for Divorce in England & Wales | LegalDocuments.co.uk

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Part ofFamily & Divorce

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Since April 2022, couples in England and Wales no longer need to point fingers or dredge up misconduct to end a marriage or civil partnership. The introduction of no-fault divorce under the Divorce, Dissolution and Separation Act 2020 reshaped how separation works in practice, reducing the conflict that often accompanied older proceedings and giving couples a calmer route through an already difficult moment. That said, the process still carries specific requirements around timing, eligibility and procedure, and getting these wrong can delay things by weeks or months. This page walks you through what separation actually requires under the current rules, how long you'll need to wait at each stage, and the choices you'll face between applying jointly or on your own. If you'd like someone to talk through your particular situation before you commit to a path, a phone call with an experienced legal adviser can help you see the road more clearly.

Overview

Separation requirements for divorce describe the legal thresholds a couple must meet before a court will accept their application to end a marriage or civil partnership. Under the current framework in England and Wales, you don't need to prove adultery, unreasonable behaviour, desertion, or that you've lived apart for a set number of years.

The single test is whether the marriage or civil partnership has broken down beyond repair, and a statement from the applicant (or applicants) confirming this is now treated as conclusive by the court. What hasn't changed is the one-year rule: you cannot apply for divorce within the first twelve months of marriage, regardless of what's happened.

There are also built-in waiting periods during the process itself, designed to give couples time to reflect and to arrange practical matters such as finances and child arrangements. Dissolution of a civil partnership follows essentially the same structure, with the same timelines and the same no-fault basis. Understanding these boundaries early helps you plan realistically rather than running into procedural walls.

Key steps

  1. Confirm you meet the one-year threshold. Before you can file, your marriage or civil partnership must have existed for at least twelve months. This is a hard requirement and cannot be waived, even if you separated within days of the wedding, you'll need to wait out the remainder of the first year before submitting the application to the court.
  2. Decide between a sole or joint application. You and your spouse can apply together as a joint application, which tends to reflect a mutual decision and reduces friction. Alternatively, one person can apply alone. A sole application still proceeds even if the other party disagrees, because the respondent can no longer contest the divorce itself on the merits of the relationship.
  3. Submit the application and pay the court fee. Applications are made through the online divorce service run by HM Courts & Tribunals Service, or by paper form where necessary. A court fee is payable at this stage, check gov.uk for the current amount, as it is reviewed periodically. Fee remissions may be available for those on low incomes or certain benefits.
  4. Wait out the 20-week reflection period. After the court issues the application, a minimum of twenty weeks must pass before you can apply for the conditional order (previously called the decree nisi). This cooling-off window is deliberate, it's intended to give both parties time to consider the decision and to work through arrangements for children, property and money.
  5. Apply for the conditional order, then the final order. Once the conditional order is granted, a further six weeks and one day must elapse before you can apply for the final order, which legally ends the marriage or civil partnership. Many couples pause here to finalise a financial consent order, since your financial claims against each other do not automatically end just because the marriage does.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Common questions

Q Do I still need to be separated for two years before divorcing?
No. Under the reformed law that took effect in April 2022, there is no minimum separation period required before applying for divorce in England and Wales. The only relevant timing rule is that you must have been married for at least one year. You can live together or apart, the court no longer asks about the length or nature of your separation, only whether the marriage has broken down irretrievably.
Q Can my spouse stop the divorce from going ahead?
In almost all cases, no. The reforms removed the ability to contest a divorce based on disagreement with the reason for it. A respondent can only dispute the divorce on narrow technical grounds, for example, questioning whether the English courts have jurisdiction, or whether the marriage was legally valid in the first place. Emotional objections or disagreement with the decision itself are not grounds for dispute.
Q How long does the whole process usually take?
From application to final order, the minimum is around twenty-six weeks, twenty weeks between the application and the conditional order, then a further six weeks and one day before the final order can be made. In practice, most divorces take longer than this, often six to nine months, particularly where financial matters still need resolving. Complex cases with disputes over assets can extend well beyond a year.
Q What's the difference between a sole and a joint application?
A joint application is made by both spouses together, signalling agreement that the marriage has ended. A sole application is made by one spouse, with the other named as respondent. Joint applications can feel less confrontational but require ongoing cooperation at each stage. If cooperation breaks down mid-process, a joint application can usually be converted to a sole one to keep things moving.
Q Does divorce automatically sort out money and property?
No, and this is one of the most common misunderstandings. Ending the marriage itself is a separate process from resolving financial claims between you. Without a financial order approved by the court, your ex-spouse may be able to make financial claims against you years later. Most people deal with finances through a consent order alongside the divorce, particularly before applying for the final order.
Q Do the same rules apply to civil partnerships?
Yes, broadly. Dissolution of a civil partnership follows the same no-fault framework, the same one-year minimum before applying, the same twenty-week reflection period, and the same six-week-and-one-day gap between the conditional and final orders. The terminology differs slightly, 'dissolution' rather than 'divorce', but the underlying legal process and requirements mirror each other closely.
Q Can I apply for divorce if my spouse lives abroad?
Often yes, provided the English or Welsh courts have jurisdiction. Jurisdiction usually depends on factors such as habitual residence and domicile, for example, if you're habitually resident in England or Wales, or if both of you are domiciled here. International cases can be more complex, especially where another country might also claim jurisdiction, so it's worth getting guidance tailored to your specific situation before filing.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.