Five years' separation

Posted by Rory Miln on Monday, July 5, 2010 Under: definitions

You can get a divorce if you have lived apart from your spouse for five years or more. Unlike a divorce based on two years' separation, you don't need your spouse's consent. You do however have to prove that your spouse has received the divorce papers and thus knows about the divorce. Alternatively if your spouse has disappeared you can get a divorce based on five years' separation but you have satisfy the court that you have taken all reasonable steps to find your spouse.

It is quite common for a couple who have been separated for five years or more, but who are in touch and choose to go down the consensual route, to get divorced on the basis of two years separation with consent.

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Rory Miln

Principal

Every week, usually on a Monday, I post my movements for the coming week - when I'm in the office and when I'm out, for example at court. At the same time I post a short article on a word or expression that may crop up during a separation or divorce case. Sometimes I comment on a topical legal issue. I'm always glad of feedback - any comments on my blog entries are welcome - just send me an email.

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About Miln MacLeod

Rory Miln

Miln MacLeod Solicitors is the practice name of Rory Miln, a solicitor of England and Wales recognised as a sole practitioner, authorised and regulated by the Solicitors Regulation Authority (SRA). The practice's SRA number is 535105. The SRA’s rules can be found (in English) on their website at http://www.sra.org.uk/solicitors/code-of-conduct.page