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‘Can I get divorced?’ is the query we’re required to answer most regularly at Quickie Divorce - undoubtedly due to the surprising lack of online materials that answer this question.

Well, there’s actually very little criteria that needs to be met before the courts in England and Wales will consider a divorce application. That doesn’t change the fact that there’s no one article that lists the criteria, though, so we thought we’d address this. Here are the three things that must apply if you want to file for a divorce:

You must have been married for at least 12 months

As straightforward as it may sound, you’d be surprised how often the need to have been married for 12 months before the courts will consider a divorce application causes confusion. 

Many people confuse the length of their marriage with their period of separation. In other words, they assume that they and their spouse must have been living separately for 12 months or more but this is not the case. The amount of time that has elapsed following a couple having separated is irrelevant but they’ll need to ensure that they don’t file an application for a divorce until 12 months after the date on which they were married.

You must be living separately

We’ve mentioned that it doesn’t matter how long a couple have been living separately, but it’s important to state that they do have to be living separately. 

Confusion concerning this piece of criteria stems from the technical definition of ‘separately’. Many people assume that this means that the couple must be living in separate properties. Whilst many – if not the majority – of us would assume the same thing, this actually isn't necessary.

A couple can be living separately whilst still sharing the matrimonial home. In fact, with the cost of buying and renting property increasing, such arrangements are becoming far more commonplace.

But how, you may be wondering, can a couple have separated if they still share a house? Well, they must be living separate lives meaning that they’ll need to sleep in separate bedrooms, do their own chores such as washing and cooking, split the household bills equally and, ultimately, avoid each other whenever possible. 

At least one spouse must live in England or Wales

Contrary to popular belief, it is not necessary for the Petitioner to live in either England or Wales to file for a divorce within this jurisdiction. It is actually only necessary for one spouse to live in either of these countries, irrespective of whether they are the Petitioner or Respondent.

To put it another way, the only circumstance under which someone wouldn’t be able to file for a divorce here is if neither they nor their spouse lived in either country.

As you can see, the list above is, surprisingly, very short. If you’re still unsure of whether or not you can file for a divorce in England or Wales, get in touch with Quickie Divorce today.