#AskMegan: Do I have to wait 2 years to get a divorce?

#AskMegan: Do I have to wait 2 years to get a divorce?

#askmegan: Do I Have To Wait 2 Years To Get A Divorce?

One of the most common questions that our clients ask us is whether they have to wait two years to get a divorce. The answer is…maybe.  There are various ways to go about getting a divorce and the time you have to wait depends on your circumstances and the route you go down to end the marriage.

The first thing to consider is how long you’ve actually been married.  You cannot start divorce proceedings until you’ve been married for one year.  Before the one year mark an annulment is available in certain very limited circumstances.  For most people though, a divorce will be their only option and they have to wait until a year from their legal marriage ceremony has elapsed.

If you’ve been married for more than one year and you wish to end the marriage, you can begin divorce proceedings.  There is only one ground for divorce in England and Wales: the irretrievable breakdown of the marriage. This must be shown by reliance on one of five facts. These facts are commonly called “grounds for divorce” in the press.

  • The first is adultery which must be admitted or proved in line
    with the legal definition. This is harder to prove than you might think, and
    many people are reluctant to admit adultery because they fear it will have
    financial consequences for them although it generally doesn’t. If you want to
    rely on adultery, you can do it as soon as you are able to divorce.  Definitely no waiting for two years with this
    fact. 
  • The second fact is behaviour – commonly called “unreasonable
    behaviour” though the behaviour doesn’t have to be all that unreasonable. The
    most common examples of behaviour that we see in divorce petitions are
    fundamental disagreements about money, work-life balance, how to raise children
    and future plans.  If you want to rely on
    behaviour you can do so straight away – no need to wait two years.
  • The third fact – and the most rarely used – is desertion and this
    one does need a two year wait to rely on it. 
    Desertion is when your partner has left you for at least two of the past
    two and a half years without your consent, without a good reason and with the
    intention of ending the relationship. 
    The reason this is so rarely used is that it is hard to prove a person’s
    intent.  Why risk a petition failing
    because you can’t show their intent when you can just base it on their
    behaviour (i.e. them leaving you for a significant chunk of time against your
    wishes)? It costs time and money to amend a divorce petition that can’t proceed
    because a fact can’t be proved so most people take the view that behaviour is a
    safer option than desertion.
  • The fourth fact is two years’ separation with the consent of the
    other party.  This one does require a two
    year wait but that time period does not always start when you might expect. 

A great many of our clients tell us they haven’t been separated for anything like two years so are surprised when we tell them they maybe have been.  The Court will readily accept that you have been separated but living under the same roof with your spouse. Why? The realities of modern living – mainly property prices – mean it’s not as simple as picking up your things and moving to a new home. Most families’ finances are stretched running one household: they simply can’t set up and run another one for two years.  If you’ve been living more like flatmates for a period then you could be regarded as being separated.  We look for things like shopping for food and cooking separately, doing laundry separately, sleeping in separate beds (though this is not always the case due to space issues), taking separate holidays and socialising separately amongst other things. So, while this fact does require a period of two years to elapse, the clock doesn’t necessarily start ticking when you might expect.

  • The fifth and final fact is five years’ separation (with consent not
    required from the other party).  As with
    two years’ separation, the timing of the separation can begin even while you’re
    under the same roof.

It’s clear from the information above that you don’t necessarily need to wait two years before you start divorce proceedings so why do some people do it? The answer is simple, desertion and the separation facts don’t require fault or blame to be placed at the other person’s door in the same way as adultery and behaviour do.  This can make for a more amicable process which is often the highest priority for clients.  For others though, the priority is speed and they want to get the ball rolling straight away so they choose to base their divorces on adultery behaviour. There is no right or wrong answer to which fact is right for any particular client.  That’s why we work with our clients and talk to them in detail about the pros and cons of each fact, giving them advice tailored to their own unique circumstances and aims.

If you’re thinking about divorce and aren’t sure what to base it on or have any questions at all about divorce or family law matters, you can book a free confidential consultation with a Grayfords solicitor to discuss your case.

This article was written by Megan Bennie and Sarah Arifi.

Scroll to Top

Success

Your submission was successful.

Regular Catch-up Strategies


At Grayfords, we understand the importance of developing effective strategies to achieve the desired outcomes for our clients in family law and private client law matters. That's why we prioritise regular catch-up strategies to ensure that your case is handled efficiently and aligned with your goals. 

As experienced family and private client lawyers, and strategy experts, we recognise that every case is unique and requires a tailored approach. Through regular catch-up sessions, we engage in open and collaborative discussions with our clients to gain a thorough understanding of their objectives, concerns, and preferences. These ‘catch-ups’ allow us to assess the progress of your case, identify any evolving needs or challenges, and adjust our strategies accordingly. We are also then able to put in place any personal support our clients may need should they wish to avail themselves of our coaching and therapy & mental health services at any point during their legal matter.

By maintaining regular communication, we can provide you with updates on the status of your case, share important information, and address any questions or concerns you may have. This proactive approach ensures that you are actively involved in the decision-making process and empowers you to make informed choices throughout the legal proceedings. 

Our aim is to ensure that your case is being handled in the most efficient and effective way possible. Through our regular catch-up strategies, we can evaluate the success of our current strategies, make necessary adjustments, and optimise our approach to maximise the chances of achieving a favourable outcome for you. 

At Grayfords, we value your input and understand that your goals are essential to the success of your case. Our commitment to regular catch-up strategies reflects our dedication to providing personalised and client-centered legal services. By working together, we can create a strong partnership and develop strategies that align with your vision and aspirations. 

Strategic Partnerships​


At Grayfords, we believe in the power of strategic partnerships to enhance the quality and efficiency of our legal services. We understand that legal matters often require expertise in various specialised areas, and that's why we have established strong relationships with trusted and renowned specialists in both family law, private client law, and therapy and mental health support.

Our strategic partnerships enable us to provide a streamlined and comprehensive legal service to our clients. When your case requires consultation or assistance in specific areas of the law, we have the resources and connections to quickly and efficiently engage the right experts. 

Whether it's a complex family law issue or a multifaceted private client law matter, our network of trusted specialists allows us to draw upon their knowledge and experience to provide the best possible advice and representation for our clients. These partnerships ensure that we can offer comprehensive solutions that address all aspects of your case, providing you with a holistic approach to your legal (and personal) needs. 

By collaborating with specialists in various legal fields, we can navigate intricate legal challenges more effectively, saving you time, effort, and potential complications. Our commitment to strategic partnerships means that we stay informed about the latest developments in family law and private client law, ensuring that our advice and strategies are up-to-date and relevant. 

At Grayfords, we value the importance of offering a well-rounded legal service to our clients. Our strategic partnerships enable us to tap into a wealth of expertise and resources, ultimately enhancing the quality and effectiveness of our services. You can trust that we have the necessary connections to consult with specialists whenever needed, ensuring that every aspect of your case is addressed with proficiency and efficiency while also supporting you on a personal level as needed.

Time for you


At Grayfords, we understand the value of time, and we prioritise our clients by ensuring that they receive the attention and support they need throughout their legal journey. Unlike other family law and firms, we never claim to be too busy for our clients. We believe that effective communication is essential, and our team is always accessible and responsive to your needs.

Whether you have a question, or concern, or need an update on your case, our dedicated team of family law and private client law experts will be readily available to assist you. We go the extra mile to ensure that you can reach us conveniently and promptly. You can count on us to answer your calls or reply to your messages on platforms like WhatsApp, enabling efficient and effective communication.

Our commitment to internal collaboration and dynamism ensures that there is always someone available to address your family law or private client law case. We understand that legal matters can be time-sensitive, and we strive to provide timely and accurate advice. You can rely on our team's collective knowledge and expertise to guide you through the complexities of family law and private client law.

At Grayfords, we recognise that your time is valuable, and we respect that by being responsive, accessible, and dedicated to your case. We prioritise open and transparent communication, keeping you informed and involved every step of the way. You can trust that we will dedicate the necessary time and attention to your legal matters, ensuring that you feel supported and well taken care of.

Specialised Service


At Grayfords, we offer a specialised range of services across both family law and private client law, tailored to meet the unique needs of our clients. With a focus on honesty, empathy, and pragmatism, we provide reliable legal advice that is designed to help our clients achieve success in their legal matters. 

In the realm of family law, we understand the emotional challenges that can arise during sensitive family disputes. Our team of experienced family law solicitors provides compassionate support and guidance throughout the process. Whether you are going through a divorce, child custody battle, or dealing with complex property division, we have the expertise to navigate these intricate matters while prioritising your best interests. 

In the field of private client law, we recognise the complexities and demands that business owners and HNWIs face in today's dynamic marketplace. Our private client law services encompass a wide range of areas including wealth planning, asset management, trusts, wills, probate, and lasting powers of attorney. We aim to be your trusted legal partner, offering strategic advice and solutions that align with your commercial objectives as you navigate your family matter. 

At Grayfords, we believe in fostering long-term exceptional working relationships with our clients. Our dedicated team goes above and beyond to understand your unique circumstances and provide tailored legal solutions that anticipate your individual needs. We pride ourselves on delivering an outstanding personal service level, ensuring that you feel supported and informed throughout your legal journey.  

Our ultimate goal is to alleviate the pressure and stress often associated with legal matters. We are committed to guiding you through the complexities of family law and private client law, allowing you to focus on what matters most to you. Trust Grayfords to provide you with the specialised legal services you deserve, backed by our expertise, integrity, and dedication to your success.