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When can divorce be "filed"?

11 replies

Borelis · 31/07/2019 23:17

Say a man and a woman have been married for 12 years and have decided to get divorced and have been separated (i.e. living at different addresses for over 6 months) and wish to not assign blame to either the man or the woman for the divorce (i.e. want a blame-less divorce), when can they actually file for divorce?

Do they need to wait until 2-years post separation before filing or can they file for divorce after a total of 6 months of separation (but the actual divorce will be granted later on?)

OP posts:
NewMe2019 · 01/08/2019 00:21

You'd need to wait 2 years from separating or go down unreasonable behaviour route. I did this as I wanted it done, exH just went with it as I explained what I was going to do. I had grounds anyway but they were hugely bad things.

NewMe2019 · 01/08/2019 00:22

Weren't hugely bad

Rtmhwales · 01/08/2019 00:57

STBXH and I have had to wait nearly two years for a divorce after a five month marriage because there was no adultery and he wouldn't agree to unreasonable behavior.

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Brain06626 · 01/08/2019 02:16

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IAskTooManyQuestions · 01/08/2019 04:00

You don't have to show you have been living at different addresses. People still cohabit and divorce. Pick a date in excess of 2 years when your marital relations broke down.

NewMe2019 · 01/08/2019 09:54

As above. Our official split date was from last year and I filed in February but he only moved out a few weeks ago. Benefits also will go from your split date, which I didn't know for months and was overpayed tax credits.

Borelis · 01/08/2019 21:15

Oh I thought it was 2 years from date of separation to actually become "divorced" but that it could be filed for earlier i.e. the intention to divorce document. Is that not the case? There's no document that can be sent off to state you're wanting to divorce, before at least 2 years of separation?

The 6 month new legislation coming in - does anyone know when that will be?

OP posts:
plunkplunkfizz · 01/08/2019 21:40

It’s a long way off. It’s a proposal at this stage as well as a long series of draft PMBs that have gone nowhere. Until Brexit is properly sorted there’s no chance of “nice to have” legislation being dealt with.

NewMe2019 · 01/08/2019 23:31

"What is two years separation ground for divorce?
Divorce after 2 years separation is effectively the only no-fault ground for a divorce in England and Wales.

It enables someone to present a divorce petition to the court on the basis that they have been separated for 2 years or more and that they both consent to the divorce in writing.

You do not need to say anything else in your divorce petition about the reasons why you separated.

Simply state that you have been separated for 2 years or more and that the marriage has irretrievably broken down beyond repair.

It’s the most amicable way to divorce if both parties can agree as there’s no blame laid on either party."

Alislia17 · 02/08/2019 04:13

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Borelis · 02/08/2019 22:21

Thanks so far for the replies. I guess if it definitely won't come in until Brexit has happened, they'd probably be at the 2 year-mark or close to it by the date anyway so perhaps it wouldn't matter either way whether the legislation came in for them or not.

What about if they got married abroad (he is british, she is not)? Does that change the timeline of how long the divorce takes, etc?

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