Divorce After 2 Years Separation in England & Wales

Divorce is never an easy decision, but for many couples, 2 years of separation marks a turning point.

It’s a common milestone that often prompts the question: “Can we divorce now?”

While being separated for 2 years can make the process feel more straightforward, it’s not automatic, and there are still important steps to take.

In this guide, I’ll explain what divorce after 2 years of separation means under the UK’s no-fault divorce laws, how much it can cost, potential delays to watch out for, and how to get started.

What were the 2 years of separation grounds for divorce?

Before April 2022, couples could cite 2 years of separation with mutual consent as a specific reason (or “fact”) for divorce, known as grounds for divorce.

While this is no longer required under no-fault divorce, the idea of living apart for 2 years is still relevant. It often indicates that both parties are ready to move on, which can make the process smoother.

Now, you only need to show that your marriage has irretrievably broken down, without assigning blame or citing specific reasons like separation. This change simplifies the process for everyone.

The average timescale for a divorce in England and Wales is around 7 months. The divorce process has a minimum timescale of 26 weeks, regardless of how long you have been separated.

Before the Divorce, Dissolution and Separation Act 2020 came into law in April 2022, 2 years of separation was a straightforward way to end your marriage, providing that;

• Both parties were in agreement to divorce.
• You provide the court with exact details of your living arrangements.
• The Respondent acknowledges the court and formally agrees to proceed.

The Respondent has to sign an acknowledgment of service form indicating that they consent to the divorce and that they confirm they have indeed been separated for 2 years or more.

It was a mechanism to get a quick divorce when most other grounds for divorce didn’t facilitate one, such as 5 years separation divorce.

You will need to provide the court with the addresses you have lived at and the dates you lived there since separating and leaving the family home.

Whilst in most cases this will involve one party moving out of the house, this is not always possible. You need to prove that you have been ‘living separately’, but not necessarily in separate houses.

How much does a divorce after 2 years of separation cost?

The cost of a divorce after 2 years of separation in England and Wales ranges from £850 to £2,000, including the £593 court fee.

Additional costs may apply for formalising financial settlements or resolving child arrangements. Delays or disputes can also increase overall expenses.

You may be exempt if you are on a low income or receive certain benefits. These fees must be paid at the point in which you file for divorce.

At Divorce-Online, we can help you get divorced in a simpler, easier, and more affordable way than is possible when hiring a high-street solicitor.

So, the cost of your divorce does not have to run into thousands of pounds, especially if both parties agree to the divorce.

What happens If I don’t file for divorce?

Remaining legally married after 2 years of separation means financial ties between you and your spouse remain intact.

Without a clean break or consent order, your ex-partner could potentially make claims on your income, property, or even future inheritance.

Filing for divorce and formalising your financial settlement is the only way to protect yourself legally.

What constitutes ‘living apart’ and is it possible to do so while living in the same household?

If you have lived in the same property during your separation, you must prove to the court that you have been living completely separate lives.

Living apart under the same household means that you don’t share, for example, finances, meals, social engagements and a bed.

You need to show the Judge that you do not intend to live with your spouse again and that you view the marriage to have ended for the 2-year period to commence.

The simple answer is yes, it is possible to divorce whilst living in the same household.

However, the court can be strict on discounting your living arrangements if you have continued to live together for any period of time during your two years of separation.

It doesn’t necessarily mean that you need to instruct divorce solicitors, but because a detailed statement of your living arrangements may be required to persuade the court that you have been living separately, it’s always best to get advice before proceeding yourself.

If you find yourself in this situation we recommend reading our article separated but living together, where we offer separation advice and cover all aspects of marriage separation.

Pros & Cons of using 2 years of separation to divorce

Advantages

Because there is no blame put on either person, it can be the most straightforward and simple way to divorce without causing acrimony.

As you are likely in communication with your spouse, you can ensure that all court paperwork is processed efficiently.

So, essentially, it enables you to obtain a quick and easy divorce without souring the relationship, which is what most couples are looking for.

Disadvantages

The biggest downside to using 2 years of separation is the fact that it requires the consent of your spouse.

The court will need formal and written consent from your spouse via what is known as the ‘Acknowledgement of Service’.

If they do not respond to the court in a sufficient time then your divorce cannot proceed and you’ll need to complete a new divorce petition (delaying your divorce procedure).

An alternative ground for divorce is Unreasonable Behaviour.

It’s important to remember that there is no automatic divorce after a long period of separation, so if your marriage has broken down beyond repair, it can often be quicker and easier to deal with sooner rather than later.

Would you prefer a divorce that costs less than £200 and finalises 3-months quicker than the national average? Of course, you would. Use our quick and easy online tool to find out which divorce service is right for you.

Using Divorce-Online can help you cut the costs of your divorce

We will advise you on whether your situation is right to proceed on this ground or whether it may be better to explore another ground.

Divorce doesn’t need to be stressful, long-winded, or expensive. We can handle your entire divorce process for you including the drafting of your living arrangements.

Please call 01793 384 029 for free advice and information on how we can help you obtain a quick and easy divorce regardless of your circumstances.

Our 2 years separation divorce service is the ideal service for obtaining a divorce with the consent of your spouse as we deal with everything for you and keep you updated throughout, leaving you to carry on with your life without the stress and worry of dealing with your divorce.