You can apply for a divorce if you’ve lived apart for more than two years and your spouse does agree to the divorce.
The legal system in England and Wales defines two years separation as living separate lives for more than two years. It can mean you have necessarily lived as two different households. If you have lived separate entities, but under the same roof for all or part of the two years (for example due to financial constraints or for the sake of children), you can tick a box on the divorce petition to say you have had separate sleeping and domestic arrangements while living at the same address.
You can have had periods of living together as long as they do not add up to more than six months and you have been apart for least two years, which can be difficult to prove. The courts look very carefully into the living arrangements during the two year period.
The respondent must consent in returning a D10 form, which will be sent out by the court.
As previously said, it might be difficult to get a divorce based on two years of separation if you have continued to share the same house. Divorce Negotiator can help you with this if this fits your circumstances.
People are known to change their minds during separation and go from wanting one thing to then wanting another. If you think your ex is liable to change their mind about consenting to a 2-year separation divorce. Then you may consider unreasonable behaviour. Otherwise, you will incur additional costs in having to amend the petition.
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 and later put into the format for a consent order/clean break order.
- Time to adjust to your new life.
Disadvantages of a two-year separation divorce
- The respondent refuses to sign the form.
- The settlement can be difficult when one party wants to use the date of separation and the other the time of divorce.
- Proving you live as separate households under one roof may be difficult.
Call Divorce Negotiator for advice to which reason to divorce will suit you best.