Legal Separation
Legal separation can be relied on in one of two ways to prove irretrievable breakdown, namely:
- 2 years' separation with consent; or
- 5 years' separation.
In either case you have to have lived separately, even if this is under the same roof. No meals together. No sleeping in the same bed. No doing each other's washing up or washing.
For separation between 2 and 5 years the Respondent has to consent to the petition. To qualify as 2 years separation the period does not have to be continuous, as long as you have not lived together for more than 6 months and the total time is longer than 2 years. So, if you lived together for just under 6 months your total period would have to be 2.5 years.
Even if consent is given at the start, this consent can be withdrawn right up until decree nisi/a Conditional Order. The Court can also allow the consent to be withdrawn at a later date and before final Decree/Order, but this only happens in very rare circumstances.
Where separation is for longer than 5 years the Respondent does not have to consent. However, this does not mean that they should be ignored. They can always oppose the petition and make a general nuisance of themselves if they want to.
Please read the related guide on Special Procedure for more information.
Where separation is being relied upon the Respondent can ask the Court to consider financial issues before granting a final Decree/Order. Where it is for over 5 years the Respondent can also defeat the Petition by proving grave hardship will result if a Decree/Final Order is granted.
We are here to help 24 hours a day 365 days a year. Either e-mail us anytime, call (01296) 662770 (Nick) or (01525) 373322 (Richard) during the normal working day or (07973) 424178 in an emergency.
