Understanding Divorce Legislation in the UK for Divorce Separation

The Matrimonial Causes Act 1973 and the Divorce, Dissolution, and Separation Act 2020 are the primary pieces of legislation governing divorce and separation in the UK. These laws set out the requirements and processes for couples seeking a legal end to their marriage.

Eligibility for Divorce in the UK (Divorce separation)

Before filing for divorce, you must meet the following criteria:

  1. Legal Marriage: You must be legally married, and the marriage must be recognized in the UK.
  2. Marriage Duration: You must have been married for over one year.
  3. Permanent Breakdown: The marriage must have irretrievably broken down.

How to File for Divorce

Filing for divorce in the UK has become more streamlined, with many petitions now being filed online. Here are the steps:

  1. Filing the Petition:
    • The court fee for filing a divorce petition is £593.
    • You will need to state the grounds for the breakdown of your marriage. Common reasons include:
      • Unreasonable behaviour
      • 2 years’ separation with consent
      • 5 years’ separation
      • No-fault divorce
      • Desertion
      • Adultery
  2. Information Required:
    • You will need to provide your former partner’s email and current address so that the court can serve the divorce petition to them electronically.
  3. Responding to the Petition:
    • Once the petition is served, your former partner (the respondent) must acknowledge and respond to the family court.
    • If the court is satisfied with the response, they will issue a Certificate of Entitlement.

What is a Certificate of Entitlement?

The Certificate of Entitlement is a document confirming that you are eligible to apply for a conditional order (formerly known as a decree nisi). Once the conditional order is granted, you must wait at least six weeks before applying for the final order (formerly known as a decree absolute), which officially ends the marriage.

How to Get a Legal Separation in the UK

A legal separation allows you to formally separate from your spouse or civil partner without ending the marriage or civil partnership through divorce. This may be a suitable option for those who have religious reasons against divorce, have been married or in a civil partnership for less than a year, or need time to decide whether to permanently end the relationship.

Steps to Apply for Legal Separation

To begin the legal separation process, you must fill out a separation application and submit it to the court. This formal document sets out the terms of your separation and ensures that legal recognition is given to the arrangement.

Before You Apply for a Legal Separation

Before proceeding with your application, you must decide whether to submit a joint application with your spouse or partner, or whether to apply on your own.

  • Joint Application: You can apply jointly if both you and your spouse or civil partner agree that you should obtain a legal separation.
  • Individual Application: If only one of you wishes to apply, you can submit an individual application for legal separation.

Reasons to Choose a Legal Separation

A legal separation may be the right choice for you if:

  1. Religious Reasons: If your faith does not allow divorce, a legal separation provides a way to live separately without formally dissolving the marriage.
  2. Less than One Year of Marriage: If you’ve been married or in a civil partnership for less than a year, you are unable to apply for divorce but can seek legal separation.
  3. Time to Consider: Legal separation offers the opportunity to take time apart while deciding whether you wish to fully end the marriage or civil partnership.

What Happens After a Legal Separation (divorce separation)?

After obtaining a legal separation, you and your spouse will live separately, and the court may make decisions regarding financial arrangements and responsibilities during this period. Unlike divorce, a legal separation does not end the marriage or civil partnership, and you remain legally married or partnered unless you later decide to proceed with a divorce or dissolution. The family court fee to apply for a legal separation is £365.00

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