2 years separation divorce in England and Wales
2 years separation by consent is one of five grounds for divorce that couples in England and Wales are obliged to use if they wish to apply for divorce.
Many people think that they can simply get divorced if they have been separated for 2 years, which unfortunately is not quite the case.
What the law says about a 2 year separation divorce
You can get divorced if you have been separated for more than 2 years, and crucially both parties consent.
This is contained in S.1(d) Matrimonial Causes Act 1973, which says that "the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition (hereafter in this Act referred to as “two years’ separation”) and the respondent consents to a decree being granted.
Firstly, the respondent (the other party) must consent in writing on the correct court form called a D11 form, which will be sent them by the courts staff.
The fact they consented to a divorce after 2 years when you split up is not good enough for the courts.
It can be difficult to get a divorce based on 2 years separation if you have continued to share the same house, but we can still help you with this if this fits your circumstances.
People often change their minds during separation and go from wanting one thing to then wanting another, which is normal.
If you think your ex is someone who may change their mind about consenting to a 2 year separation divorce, then you may need to think about issuing a divorce petition on the basis of other facts, such as adultery or unreasonable behaviour.
Advantages of a 2 year separation divorce
• No requirement to apportion any blame for the breakdown of the marriage.
• Financial matters can be dealt with in advance in a separation agreement.
• Living arrangements for the children can be sorted out in advance of the divorce completing.
• It helps to keep the cost of your divorce down at a time of stress and pain for most people.
Disadvantages of a 2 year separation divorce
• The respondent may change their mind, causing delays and stress.
• The respondent may move away with no address.
• Finances could be damaged if no agreement is reached early.
QuickeDivorce can help you obtain a quick and easy divorce based on 2 years separation by consent with any of our fixed fee divorce services.
It is best to seek advice before proceeding with a 2 year separation divorce to ensure that it is the best ground for divorce to use for you situation and to minimise the stress and pain caused.