Divorce
When can you get a divorce?
You can get divorced in England or Wales if all of the following are true:
- you’ve been married for over a year
- your relationship has permanently broken down
- your marriage is legally recognised in the UK (including same-sex marriage)
To find out more about the process, you can ring your local Citizens Advice Bureau. They can explain things about the process like: the documents you’ll need, the price of the court fee and what happens if your partner doesn’t respond to the application.
What if you don't want to get a divorce?
If you do not want a divorce, you can get a legal separation so you can live apart without ending the marriage. You might also be able to annul the marriage. You can apply for separation or annulment during your first year of marriage.
Annulment (sometimes known as ‘nullity’) is a different way of ending a marriage. Unlike divorce, you can apply for annulment in the first year of your marriage or any time after. However, if you apply years after the wedding, you might be asked to explain the delay. You’ll need to show that the marriage:
- was never legally valid (‘void’)
- was legally valid, but meets one of the reasons that makes it ‘voidable’
In cases of domestic abuse, the Church does not expect you to stay with an abusive partner.
Legal Aid
If you are receiving universal credit or welfare benefits, you may qualify for legal aid. To apply for legal aid, you will need to give a copy of your 3 most recent bank statements, 3 months’ worth of payslips or evidence of benefits and a letter showing proof of rent.
If you are not eligible for legal aid, you may still be able to get support. The Citizens Advice Bureau can put you in contact with services like Advocate or Local Law Centres.