Divorce laws in the UK have changed significantly over the years, making it easier for couples to end their marriage without assigning blame. One of the most common questions couples ask is how long they must be separated before they can legally divorce. The answer depends on whether the divorce was filed before or after the introduction of no-fault divorce laws in 2022.
Before ‘no-fault divorce’ laws
Prior to the Divorce, Dissolution and Separation Act 2020 coming into effect on 6 April 2022 , couples had to be married or in a civil partnership for at least 12 months before they could apply for a divorce. They also had to prove their relationship had irretrievably broken down using one of five legal ‘facts.’
Adultery: If one partner had committed adultery and the other found it intolerable to continue the marriage.
Unreasonable behaviour: If one partner’s conduct made it impossible for the other to continue in the marriage.
Desertion: If one partner had left the other for at least two years.
Two years of separation (with consent): If both partners agreed to the divorce after living apart for at least two years.
Five years of separation (without consent): If one spouse did not agree to the divorce, the other could still proceed after five years of separation.
Under these rules, two years of separation was the minimum period required for a divorce without placing blame. If one spouse did not consent, the waiting period extended to five years. This meant that if one spouse refused to agree and there were no other legal grounds, people were sometimes trapped in unhappy marriages or civil partnerships for years.
After ‘no-fault divorce’ laws
In April 2022, no-fault divorce laws came into effect, making it easier for couples to separate without assigning blame or proving they had been apart for a certain period. This means you can now apply for a divorce as soon as you decide your marriage has irretrievably broken down, without needing to provide a reason like adultery or unreasonable behaviour.
Here are the key changes under the new system:
No need to prove wrongdoing or separation – You no longer have to provide a legal reason for the divorce, reducing conflict and making the process simpler.
A 20-week reflection period – From the moment you apply, there is a mandatory 20-week waiting period before you can move forward. This allows time for both parties to consider their decision and make practical arrangements, such as sorting out finances and child care.
A six-week waiting period between the conditional and final order – Once the reflection period has passed, you can apply for a conditional order (previously known as a decree nisi). After this, you must wait at least six weeks before applying for the final order (previously the decree absolute), which legally ends the marriage.
A minimum timeline of 26 weeks (six months) – From the initial application to the final order, the quickest a divorce can be completed is six months. This provides time for important discussions and ensures decisions aren’t rushed.
These changes have made the divorce process less stressful, allowing couples to focus on moving forward rather than proving fault. If you’re considering divorce, seeking legal advice from a divorce lawyer can help you understand your rights and plan for the future.
Divorce process and timelines explained
With the introduction of no-fault divorce, the process of legally ending a marriage has become more straightforward. While each situation is different, here’s a general timeline of what to expect:
1. Filing the divorce application
One spouse (a sole application) or both spouses together (joint application) can apply for a divorce online or by post. There’s no need to provide a reason or assign blame - just confirmation that the marriage has irretrievably broken down.
2. 20-week reflection period
Once the application is submitted, a mandatory 20-week reflection period begins. This gives both parties time to consider their decision, discuss financial settlements, and make arrangements for children if needed.
3. Applying for a conditional order
After the 20-week period, the applicant(s) can request a conditional order (previously called a decree nisi). This is the court’s formal approval that the divorce can go ahead, confirming that all legal requirements have been met.
4. Six-week waiting period
Once the conditional order is granted, there’s another waiting period - this time six weeks - before the divorce can be finalised. This allows time to resolve any outstanding financial or legal matters, such as securing a financial settlement.
5. Applying for the final order
After the six-week waiting period, the applicant(s) can apply for the final order (previously called a decree absolute). Once this is issued, the marriage is legally ended, and both individuals are free to remarry if they choose.
How long does divorce take?
In total, the quickest a divorce can be completed under the new system is 26 weeks (six months) from the date of application. However, if financial matters take longer to resolve, the process may take longer.
👉 You can learn more in our guide to how long does divorce take in the UK.
How soon can you start the divorce process after separating?
Under the current law, couples can apply for a divorce immediately after deciding to separate. There is no longer a requirement to prove separation for two or five years. However, the divorce will still take a minimum of six months to complete due to the mandatory waiting periods.
Are you automatically divorced after two years of separation?
No, there is no such thing as automatic divorce in the UK. Even under the old system, couples who had been separated for two years needed to formally apply for divorce and both had to consent. Under the new system, no period of separation is required, but a divorce still needs to be formally applied for and processed through the court.
👉 You can learn more in our guide to automatic divorce after a long separation.
FAQs
Do I need to be separated before getting a divorce in the UK?
No, you don’t need to be separated for any specific period. With no-fault divorce, you can apply as soon as you decide your marriage has irretrievably broken down - there’s no requirement to prove separation or wrongdoing.
Do I need a separation agreement to get a divorce?
No, a separation agreement is not required to get a divorce. However, it can be useful for outlining financial and childcare arrangements while you wait for the divorce to be finalised. Though not legally binding, courts may consider it when approving a financial settlement during the divorce process.
What is the quickest way to get a divorce?
The quickest way is to apply for a no-fault divorce and ensure financial matters are sorted promptly to avoid delays. The process takes a minimum of 26 weeks (six months) from start to finish, provided everything runs smoothly.
Can I divorce my spouse if they do not agree?
Yes. Under the new rules, you don’t need your spouse’s consent to get a divorce. One person can apply on their own, and the other can’t contest it (except in very rare legal circumstances).
Final thoughts
Divorce laws in the UK have changed to make the process more straightforward and less stressful. You no longer need to be separated for a set time before applying, and there’s no need to assign blame. However, the process still takes at least six months due to legal waiting periods. If you’re considering divorce, getting legal advice can help you navigate the process smoothly and ensure everything is handled fairly.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.