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If you’re married but separating

If you were married or in a civil partnership, you can be legally separated as soon as you live apart. You don’t need to be divorced or get a formal legal document, but a solicitor can help you turn any arrangements you make into a legally binding document.

Once you’re no longer living together, you’re classed as separated for tax and benefit purposes. In fact, you can be legally separated but still live in the same home.

I want to get divorced. What do I need to do?

To get divorced, you need to show that the marriage has broken down ‘irretrievably’ (which means that one or both of you feel that you can’t stay married to each other) and you have grounds for divorce.

You must then apply to the courts for a judge to agree your marriage is at an end. But even in a very straightforward case it can take several months before the judge finally grants a divorce.

  1. Grounds for divorce
  2. Do I need a solicitor?

Grounds for divorce

There are five legal reasons for divorce in England and Wales (and four in Scotland):

  1. Your partner has committed adultery and you feel you can no longer live with them (this reason does not apply to civil partners).
  2. Your partner has behaved in such a way that you cannot reasonably be expected to live with them.
  3. Your partner has left you for more than two years (England and Wales only).
  4. You have lived separately for more than two years (one year in Scotland) and your partner agrees to the divorce.
  5. You have lived separately for five years (two years in Scotland). No agreement is needed.

Do I need a solicitor?

You may find it helpful to get some specialist advice from a solicitor if you’re thinking about getting divorced. They can tell you your options, and how much each will cost. In the end you might decide you’re better off sorting things out yourself, but at least you will understand your legal position.

To help you find a solicitor who can advise you if you are separating, phone the Community Legal Advice helpline on 0845 345 4345, or contact Citizens Advice through www.citizensadvice.org.uk

Can civil partners divorce?

No, civil partners cannot get divorced. Instead they can get a ‘dissolution order’, which is a legal order to say that the partnership has ended. The reasons for dissolution are the same as for divorce, except adultery which does not apply to civil partnerships.