The first year of marriage or a civil partnership is often described as the “honeymoon period”, a time filled with excitement, new beginnings, and shared hopes for the future. But for some couples, this year can also bring unexpected challenges as they adjust to life together.
If things feel difficult or uncertain, you’re not alone. And if you’re considering separation or divorce, it’s important to know what support and options are available.
Can you divorce within the first year of marriage?
In England and Wales, the law requires couples to wait until the day after their first anniversary before they can apply for a divorce. While this waiting period can feel frustrating, it also gives couples space to reflect and explore whether the relationship can be repaired or if moving forward separately is the right path.
Understanding no-fault divorce
Since April 2022, divorce law in England and Wales has become more straightforward and less adversarial. There is now only one legal ground for divorce, which is that the marriage has irretrievably broken down. This is known as a “No-Fault Divorce.”
Before this change, couples had to prove one of five specific reasons, such as unreasonable behaviour or long-term separation. Now, the process is designed to reduce conflict and help couples focus on resolution rather than blame.
How the process works
You can apply for a No-Fault Divorce online through the Government website. Applications can be made jointly or by one person alone. Many people choose to apply individually, as it simplifies the process and avoids delays.
Once the application is submitted, the Court sends it to the other party, who has 14 days to respond. It’s important to know that a divorce cannot be contested simply because one person doesn’t want it to happen; there must be a valid legal reason, and legal advice is strongly recommended in such cases.
The timeline to finalising a divorce
There is a mandatory 20-week reflection period after the Court issues the application. This time allows both parties to consider their decision and begin discussing financial arrangements.
After this period, the applicant can request a Conditional Order. Then, after a further 6 weeks and 1 day, they can apply for the Final Order, which legally ends the marriage.
Why legal advice matters
While the divorce process may seem straightforward, the legal and financial implications can be far more complex, especially when children, pensions, property, or business interests are involved.
A family lawyer plays a vital role in helping you understand your rights, protect your assets, and make informed decisions about your future. They can guide you through arrangements for children, ensure pensions and finances are fairly divided, and help resolve ownership of property or business interests. Without proper legal advice, unresolved financial ties can linger long after the marriage ends, potentially leading to disputes or financial hardship later on.
If you’re facing the breakdown of a marriage, whether within the first year or beyond and need clear, supportive guidance, please don’t hesitate to call our family law team on 0191 384 2441.
