The Grounds for Divorce & Five Years’ Separation

Sally Clark Blog

For our final article this week, we are looking at the fact of five years’ separation.

If you would like to rely on this fact within your divorce petition, you and your spouse must have lived apart for a continuous period of 5 years or more. It is important to note that to rely on this fact, your spouse does not need to consent to the divorce.

However, there are two possible defences to this fact, which can relied upon by your spouse. These are that they deny that there has been a separation of 5 years; or that the divorce would cause them ‘grave hardship’. Should your spouse use either of these defences, we would recommend seeking legal advice immediately, if you do not have solicitors acting for you already.

At Clark Family Law, we offer advice and guidance on all family law issues. If you would like to speak to us, we offer a free half an hour appointment during which we can provide you with initial advice and next steps. To arrange an appointment, please contact us on 01423 637272.