Many people believe that if a couple has been separated for a long time, they'll automatically be granted a divorce. However, this is a common misconception. In the UK, divorce is not automatic, no matter how long you've been apart.
Are you automatically divorced after a long separation in the UK?
No, separation alone does not lead to an automatic divorce in the UK. If you want to legally end your marriage, you must go through the formal divorce process, even if you and your spouse have been living apart for many years.
What about after five years?
There is a common belief that after five years of separation, a couple is automatically divorced. This is not true. However, five years of separation can be used as a ground for divorce under UK law. If you have been apart for five years, you do not need your spouse’s consent to apply for a divorce, but you must still submit a formal application to the court.
What about after seven years?
Some people assume that after seven years of separation, divorce happens automatically. This is also incorrect. The law does not provide for automatic divorce at any stage. Whether you have been separated for five, seven, or even ten years, you must still apply for a divorce to legally end the marriage.
What does the law say about automatic divorce?
UK divorce law does not allow for automatic divorce after any length of separation. Under the Divorce, Dissolution and Separation Act 2020, the UK now has a no-fault divorce system, which means that couples do not have to prove wrongdoing to get divorced.
To get a divorce, one partner must apply to the court and follow the formal legal process. Long-term separation may make the process easier, particularly after five years, but it does not remove the need for a legal divorce application.
How long after separation can you divorce?
With the introduction of no-fault divorce laws, there is no longer a requirement to prove separation for two or five years before applying for divorce. Instead, one spouse can apply for a divorce at any time after the marriage has irretrievably broken down.
Previously, couples needed to be separated for two years if both agreed to the divorce, or five years if one spouse did not consent. However, with the new system, separation length is no longer a requirement for divorce.
💡Tip: Even though you can now file for divorce without waiting for a specific separation period, it’s still wise to consider drafting a separation agreement. This agreement can clearly outline each party’s financial responsibilities, property rights, and arrangements for any children involved.
Steps to legally get divorced
If you’ve been separated for a while and are ready to formally end your marriage, here’s a step-by-step guide to the divorce process:
1. Apply for a divorce
You’ll need to submit a divorce application, either online through the government website or by filling out a paper form. You can do this yourself or ask a solicitor to help, especially if there are financial matters or children involved. The process follows the no-fault divorce system, meaning you don’t need to prove wrongdoing by either partner.
2. Wait for acknowledgment
Once your application is submitted, the court will notify your spouse. If you applied together, this step is straightforward. If you applied alone, your spouse will need to respond, confirming they have received the paperwork.
3. Cooling-off period
There is a mandatory 20-week reflection period before you can move forward. This is designed to give both partners time to consider their decision and make any necessary arrangements regarding finances, property, or children.
4. Apply for a conditional order
After the cooling-off period, you can apply for a conditional order (previously known as a decree nisi). This is the court’s way of saying there’s no legal reason the divorce cannot go ahead.
5. Apply for a final order
At least six weeks after receiving the conditional order, you can apply for a final order (previously called a decree absolute). Once granted, this officially ends your marriage, and you are legally divorced.
Although the process is straightforward, it’s always a good idea to seek legal advice from a divorce lawyer if you’re unsure about financial settlements, property division, or child arrangements.
FAQs
Can I get a divorce without my spouse’s consent after a long separation?
Yes. If you have been separated for five years or more, you can apply for a divorce without their consent.
Will I still have financial ties to my spouse after separation?
Yes. Even if you have been separated for years, you remain legally tied financially unless you obtain a financial settlement through a consent order.
What if my spouse refuses to respond to the divorce application?
If they do not respond, you can apply for a deemed service or alternative service to continue the process.
Final thoughts
There is no such thing as an automatic divorce in the UK, no matter how long you have been separated. If you want to legally end your marriage, you must go through the formal divorce process. The introduction of no-fault divorce laws has made it easier to apply for a divorce without needing to prove separation, making the process smoother and less stressful.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.