How long do you have to be separated before divorce?

Last updated: 5 May 2026

In short: since 6 April 2022 (no-fault divorce), there is no requirement to have been separated for any period of time before you can divorce. You only need to have been married, or in a civil partnership, for at least 12 months. The old rules (a 2-year separation with consent, or 5 years without) no longer apply, and there is no such thing as an automatic divorce after a set number of years. From applying to the Final Order takes a minimum of around 26 weeks.

After a campaign spanning over 30 years, on 6 April 2022, the Divorce, Dissolution and Separation Act 2020 finally came into force. This new law – also known as No Fault Divorce – has reformed the requirements, language, and procedure relating to divorce and has also, importantly, removed the ability to make allegations and apportion blame which, in turn, will hopefully mean less conflict.

Did you used to need to be separated to get divorced

Prior to No Fault Divorce being in place, couples had to have been married or in a civil partnership for at least 12 months before they could obtain a divorce and rely on one or more ‘facts’ to evidence that their marriage or civil partnership had irretrievably broken down. If spouses had not been separated for at least 2 years and did not both consent to the divorce taking place, then it was necessary for them to cite that adultery (which was only applicable for divorce) or unreasonable behaviour had taken place; otherwise they would be unable to obtain a divorce or a dissolution (unless they were willing to wait for 5 years after which the divorce could proceed without the Respondent spouses’ consent).

This meant that if the Respondent spouse was unwilling to give their consent to the divorce taking place, and the other factors weren’t relevant, there were individuals who were forced to stay in an unhappy marriage, or civil partnership, until either 5 years had passed or the Respondent spouse gave their consent.

Not only did this have an emotionally detrimental impact on many separating spouses, but it also considerably impacted their ability to have an amicable separation, which in turn affected their ability to communicate about child arrangements and financial matters.

Do you need to be separated before divorce now?

Under the new process, couples still need to have been married, or in a civil partnership, for at least 12 months, however there is now no requirement for them to have been separated for any period of time, and consent of the Respondent spouse is not needed as a divorce can no longer be ‘defended’. The law now provides just one basis for divorce or dissolution; that the relationship “has broken down irretrievably”.

Further, separating spouses can now make an application for divorce on either a sole or joint basis. For some couples, this ability to apply jointly is important as it reaffirms that neither is more at fault than the other for the breakdown of their marriage.

How long does a no-fault divorce take?

The new rules do not mean that obtaining a divorce is now a quicker process. Once the divorce or dissolution application has been issued by the court, a 20-week period of reflection is introduced before the Conditional Order can be applied for. This is also intended to give parties time to enter into financial discussions and come to an agreement (which, in practice, can take considerably longer than five months).

Furthermore, once the Conditional Order has been pronounced, there is a further wait of 6 weeks and 1 day before the Final Order can be applied for, which makes the divorce or dissolution final.

In total, the minimum time from issuing a divorce application to obtaining the Final Order is approximately 26 weeks, or around six to seven months in practice. This accounts for the mandatory waiting periods and the time required for the court to process each stage of the application.

Can You Be Separated While Still Living Together?

Yes. It is possible to be separated even if you and your spouse continue to live under the same roof. This can arise for practical or financial reasons, for example because one party cannot yet afford to move out, or because the family home has not yet been sold.

Living separately under the same roof typically means no longer sharing a bed, no longer sharing meals, and effectively operating as two separate households within one property. There is no strict legal test for this, and each case will depend on its particular facts.

Under the new no-fault divorce regime, the question of how long the parties have been separated is no longer a formal requirement for the divorce itself. However, the length and circumstances of any separation may still be relevant to the financial settlement, particularly when it comes to assessing contributions and the standard of living enjoyed during the marriage.

What about financial matters?

It is important to understand that the divorce process itself (sometimes called the ‘dissolution of the marriage’) is separate from the financial settlement. A Final Order ends the marriage legally, but it does not automatically resolve financial claims between the parties.

In most cases, we recommend reaching a financial settlement and having it approved by the court in a Consent Order before applying for the Final Order. This is because the Final Order can affect certain financial rights, including pension entitlements and inheritance rights, and it is generally safer to have those matters resolved first.

The 20-week waiting period between the divorce application and the Conditional Order is often a good time to begin financial discussions. Since April 2024, there has been a significantly strengthened duty on separating couples to consider non-court dispute resolution (NCDR) before applying to the court to resolve financial matters. Parties are now required to demonstrate that they have genuinely engaged with NCDR options – such as mediation, collaborative law or lawyer-led negotiation – and courts have stronger powers to adjourn proceedings and, in some cases, impose costs consequences where a party has not engaged. Using the waiting period productively to explore these options is therefore more important than ever.

You can read more about the range of options available on our dispute resolution pages, including family mediation and collaborative law.

A note on future reform

The financial remedy framework – that is, the law governing how assets are divided on divorce – has not been comprehensively reviewed since the Matrimonial Causes Act 1973. In December 2024, the Law Commission published a scoping report concluding that the current law lacks sufficient certainty and accessibility. Following a House of Lords debate in November 2025, the Government announced that it will launch a wide-ranging consultation in Spring 2026 on the law governing financial remedies on divorce, civil partnership dissolution and cohabitation. If reforms follow, this may in due course affect how financial settlements on divorce are approached. We will update our guidance as this area develops.

What about civil partnerships?

The same rules apply to the dissolution of a civil partnership. The Divorce, Dissolution and Separation Act 2020 applies equally to civil partnerships, and the same 12-month minimum duration and mandatory waiting periods apply to dissolution proceedings as to divorce proceedings.

Next Steps

It is possible to apply for a divorce or dissolution online or by post, on a ‘do-it-yourself’ basis, however we would always suggest obtaining independent legal advice from a specialist to ensure that the process is done correctly, any tax implications are carefully considered, and that financial and children matters are also taken into account (where relevant).

For more information about the No Fault Divorce process, please see our earlier blog.

Sophie Reynish is a Family Law Paralegal in our Brighton team. Contact us to arrange a consultation about your personal circumstances.