Eligibility Criteria for Divorce in the UK: What You Need to Know

Divorce eligibility under the English and Welsh legal court system

Deciding to divorce is a significant and often difficult decision. Before you begin the legal process, it’s important to understand whether you meet the eligibility requirements for divorce in the UK. This guide outlines the legal criteria, including residency rules, marriage validity, and the waiting period.

1. Basic Eligibility Criteria

To file for divorce in the UK (England and Wales), you must meet all of the following conditions:

a) You Have Been Married for at Least One Year and One Day

You can only apply for a divorce if you’ve been legally married for at least 12 months and one day. You can still call yourself separated at any time but you cannot get divorced until this time has lapsed.

b) Your Marriage Is Legally Recognised in the UK

Your marriage must be legally valid under UK law. This includes:

• Marriages performed in the UK under UK marriage laws.

• Overseas marriages that comply with the legal requirements of the country where the marriage took place and are recognised in the UK.

If the marriage is not legally valid, you may need to seek legal advice.

c) The UK Is Your Permanent Home (Jurisdiction)

You or your spouse must have a strong connection to the UK. You can usually divorce in the UK if:

• One of you or both of you live in England or Wales.

• One of you or both of you are habitually resident in England or Wales. This means the majority of you family or life ties are in England or Wales such as family living here or spending a large portion of your life here.

• One of you or both of you are domiciled in England or Wales — meaning the UK is your permanent home, even if you're currently living abroad.

  
  

Scotland and Northern Ireland have their own legal systems, so slightly different residency rules may apply there.

2. No-Fault Divorce: No Proof of Wrongdoing Required

Since 6th April, 2022, the UK follows a no-fault divorce system. This means:

• You do not need to prove adultery, unreasonable behaviour, or any specific fault.

• Either spouse can apply, or both can submit a joint application, stating that the marriage has irretrievably broken down.

  
  

This has simplified the process and made it less confrontational and meaning that you cannot contest a divorce if one party wishes to get one.

3. Do I Need My Original Marriage Certificate?

You will need to have a copy of your marriage certificate to file your divorce application. You can submit a photo of your marriage certificate if submitting an online application or you will need to send a physical copy by post if submitting a paper application.

If your marriage certificate is not in English, you will need to provide a certified translation of the marriage certificate as well as the original.

If you do not have a copy of your marriage certificate, you can order a new copy on the government website here: https://www.gov.uk/order-copy-birth-death-marriage-certificate

4. What If You Were Married Abroad?

You can still apply for a divorce in the UK if you were married overseas, provided that:

• The marriage is legally recognised in that country.

• The UK recognises the marriage as valid.

• Remember to get a translation of your marriage certificate

5. Civil Partnerships and Same-Sex Marriages

Civil partnerships can also be dissolved, following a similar process to divorce.

6. Are You Eligible to Divorce If You’ve Lost Contact with Your Spouse?

Yes, you can still apply for a divorce even if you don’t know where your spouse is. This does lead to a more complicated and drawn out process as you will need to take reasonable steps to find them and may have to apply for permission to proceed without their response (called dispensed service).

This would require more specialist knowledge so you can expect to need some legal assistance.

Final Thoughts

Before beginning divorce proceedings in the UK, ensure that you meet all the eligibility criteria: a valid and recognised marriage, at least one year and one day of marriage, and the appropriate connection to the UK.

If you need any help filing your divorce, you can get in touch today and speak with a friendly advisor.

Written by Aaron O'Toole, MSc in Law and Business

Clean Break Divorce