When can I get a divorce and what else is required?
Marriage and civil partnership is a legally binding contract and in order for you to dissolve it under English law, all 3 basic legal conditions/requirements mustbe met.
- One year and one day has passed since the date of your marriage/civil partnership.
- You both agree to a dissolution and in doing so agree that the marriage/civil partnership is at an end, that it has broken down irretrievably and can be supported by one of the following FACTS or grounds:
- Adultery (not applicable to civil partnership)
- 2-years’ separation* (both parties must consent) and
- 5-years’ separation* (without spousal consent)
*this means continuous years immediately before the petition was issued.
3. ONE of the following legal jurisdictions (legal powers) of England & Wales relating to habitual residence (where you and your spouse/civil partner live and are based) must apply:
- Both parties are habitually resident in England and Wales; or
- Both parties were last habitually resident in England and Wales, and one of them still resides there; or
- The respondent is habitually resident in England and Wales; or
- The petitioner is habitually resident in England and Wales and has lived there for at least a year immediately before the petition is filed; or
- The petitioner is domiciled in England and Wales and has been residing in England and Wales for at least six months immediately before the petition is filed; or
- Both parties are domiciled in England and Wales; or
- If none of 1-6 above applies and no court of another EU State has jurisdiction, either of the parties is domiciled in England and Wales on the date when the proceedings are begun.