Myself and husband split last October, he wants to wait two years and I want it sorting straight away, can I file for irreconcilable differences?
We don’t have ‘irreconcilable differences’ as a legal option in England and Wales yet. There are five reasons that can be used to divorce in England and Wales;
The legal system in England and Wales defines two years separation as living separate lives for more than two years. It does not mean you have necessarily lived as two separate households. If you have lived separate lives but under the same roof for all or part of the two years (for example due to financial constraints or for the sake of children) you can tick a box on the divorce petition to say you have had separate sleeping and domestic arrangements whilst living at the same address. You can have had periods of living together as long as they do not add up to more than six months and you have been apart for least two years altogether.
The other option, if the other reasons do not apply, is ‘unreasonable behaviour’. Using this ground involves one person listing examples of their ex’s behaviour and why this has led to the marriage breaking down past the point of repair. The majority of couples are forced to use unreasonable behaviour to divorce and it is possible to remain amicable using it.
If you would like to speak to one of our experts, you can book a free 15-minute advice call here.
I hope this is helpful.
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