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This is another question that we’re regularly asked about the divorce paperwork that we prepare everyday here at Quickie Divorce and the answer is… well, simple really.

If you and your spouse have been living separately for two years or more, then you’ll file for a divorce on the grounds of two-year separation. Alternatively, if you’ve been living separately for more than five years, then you’ll file on the grounds of five-year separation. The only difference this will make to the petition is that one will state that you are filing as you and your spouse have lived separately for more than two years and both consent to the divorce whilst, in the alternative, it will state that you and your spouse have been living separately for more than five years.

Now, you may have noticed that in the event of a person filing for a divorce on the grounds of two-year separation, the petition will state that the couple consent to the divorce whilst this is not stated in a petition relying on five-year separation. This is because, in order to file on the former ground, both parties must consent to the divorce without exception. If a couple have been living separately for over five years, however, then consent is not required and, provided a respondent does not inform the courts that they wish to defend the divorce (something which is extremely rare) then it is possible to obtain a divorce without their consent if the couple have been living separately for more than five years.