2 years separation – Why waiting is not always best

2 years separation

When approaching divorce, many couples decide to use 2 years separation with consent as the reason for divorce. They see it that this is the least contentious reason for divorce.  Or, it is thought to be least likely to upset their spouse, who may not agree with the reasons if Unreasonable Behaviour is cited.

However, this is can be an expensive 2 years.

Why you should not wait 2 years

You may have to share the assets or growth of asset with your spouse which accrued during your 2-year separation. An example is a pension. Imagine you are continuing to contribute to your pension for two years and when it comes to working out the value and the percentage division, then they will get a share of the two years also. This some say is fair while others find it a hard pill to swallow. 

What about spousal maintenance? If you get a pay rise during the two years, then working out how much you might have to pay, it will be calculated on the salary you are on two years after the separation and could cost you more.

There are a number of reasons why waiting is not always the right decision financially and can cause more problems at a time you thought the divorce was going to run smoothly.

What if you had an agreement and then your partner changes their mind?

Also, people often miss part of this reason.  They see “2 years separation” but fail to see the “with consent” bit.

This is an essential part of using this reason for divorce.  Both parties MUST be in agreement to get divorced.

Do not use “2-years separation with consent”, if you think your partner may change their mind. You could add more expense to your divorce when you have to file for an amendment.

If you have no evidence that your partner agreed to the divorce, then you will have problems. 

What can happen in 2 years?

If you decide to leave your divorce for 2 years, you may want to think first about what could happen in those 2 years. 

Your financial position could change dramatically since separating, you might be kicking yourself you hadn’t acted sooner.  If your house increases in value, your ex would be entitled to some of that.

What if your ex were to run up large debts in those 2 years?  You may be responsible for that too.

2 years is a long time to be financially linked to somebody you don’t want to be with. It is fine if you implicitly trust them, but if you want to move on with your life, without being held back by your ex-partner, then consider starting divorce proceedings now.

Divorce Negotiator can advise you through the many pitfalls of divorce and consent orders.  Please contact us on 0800 177 7702


2 years separation – Why waiting is not always best was last modified: August 9th, 2019 by John Fuller

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