Do I Need to Wait Before Filing for Divorce After Separation?
If you have separated from your spouse and are considering divorce, you may be wondering whether you need to wait for a specific period before filing. The rules on when you can apply for divorce have changed in recent years, making the process simpler and more straightforward. Understanding your legal options is crucial to ensuring a smooth transition from separation to divorce. In this blog, we explain the waiting periods, legal requirements, and how Bank Solicitors can assist clients in Redditch, Bromsgrove, and the surrounding areas with expert divorce advice.
The Impact of the No-Fault Divorce Law
As of 6 April 2022, the Divorce, Dissolution and Separation Act 2020 introduced a no-fault divorce system in England and Wales. This means that couples no longer need to provide a reason, such as adultery or unreasonable behaviour, to end their marriage. Instead, they simply need to state that the marriage has irretrievably broken down.
Under the new system:
You do not need to be separated for a specific period before applying for divorce.
Either spouse can apply for a divorce, or both can apply jointly.
There is a minimum 20-week reflection period from the time the application is made to the conditional order (previously known as the decree nisi).
After the conditional order is granted, there is a further six-week waiting period before applying for the final order (previously known as the decree absolute).
Do You Need to Be Separated Before Filing for Divorce?
Under the previous divorce laws, couples often had to wait for two years of separation (if both agreed) or five years (if one party did not consent). However, with the introduction of no-fault divorce, separation is no longer a requirement for filing. You can apply for divorce as soon as you decide that your marriage has irretrievably broken down.
That said, some couples still choose to separate before filing for divorce for various reasons, including:
To allow time for reflection and reconciliation.
To make arrangements regarding children, finances, and property.
To meet religious or cultural considerations.
Key Timelines for Divorce
While there is no required separation period before filing for divorce, the process itself takes time. The minimum time frame from application to final order is 26 weeks (approximately six months), provided there are no disputes or delays. However, if financial settlements or child arrangements need to be negotiated, the process may take longer.
What About Annulment or Judicial Separation?
In some cases, couples may wish to legally separate without divorcing. Alternatives include:
Judicial Separation – This allows couples to live apart with a formal legal agreement, but they remain married.
Annulment – If your marriage is legally invalid (for example, due to bigamy or non-consummation), you may be able to apply for an annulment instead of a divorce. Unlike divorce, annulment can be applied for at any time after the marriage.
How Bank Solicitors Can Help
At Bank Solicitors, we provide expert legal advice on divorce, separation, and financial settlements. Whether you are ready to file for divorce or need guidance on your options, our experienced family law solicitors are here to help.
We assist clients in Redditch, Bromsgrove, and the surrounding areas, ensuring a compassionate and professional approach to every case. We can help you understand your rights, navigate the legal process, and secure a fair financial and child arrangement settlement.