Divorce Questions Answered – When can I get a divorce?

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.

1. One year and one day has passed since the date of your marriage/civil partnership.
2. 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)
• Behaviour
• Desertion*
• 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:

1. 1. Both parties are habitually resident in England and Wales; or
   2. Both parties were last habitually resident in England and Wales, and one of them still resides there; or
   3. The respondent is habitually resident in England and Wales; or
   4. 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
   5. 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
   6. Both parties are domiciled in England and Wales; or
   7. 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.

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