5 Years Separation Divorce Rule Explained

What is the 5-year separation divorce rule?

Getting a divorce after 5 years of separation is now simpler due to no-fault divorce laws introduced in April 2022.

Before April 2022, 5 years of separation was one of five legal grounds for divorce in England and Wales. It allowed couples to end their marriage without blaming one another, as long as they had been separated for at least 5 years.

This rule no longer exists.

Today, there’s only one ground for divorce: the irretrievable breakdown of the marriage. You can apply for divorce as soon as you’re ready, regardless of how long you’ve been separated.

Many people still believe divorce becomes automatic after 5 years, or that waiting makes the process easier. This is incorrect. There’s no such thing as an automatic divorce, and delaying can complicate financial and property matters.

Being separated for 5 years doesn’t mean your finances are sorted. Without a court order, you remain legally tied to each other’s assets, and either party can make financial claims – even decades later.

At Divorce-Online, we help couples obtain a quick and simple divorce without needing to attend court or instruct expensive solicitors.

How much does a divorce cost after 5 years?

A divorce after 5 years will typically cost between £250 and £900 if you can provide the court with an address for your spouse.

The cost of a divorce after 5 years is no different from any other divorce; however, it can become more complex and costly when you don’t know where your ex-partner lives.

Even under the new simplified divorce law, where consent from a spouse is no longer required, an address is still required by the court.

To put it simply, if you know where your ex-husband or wife lives, you can complete an online divorce for £199.

Sometimes, the cost of divorce can increase the longer you are separated. For example, the cost of divorce after 10 years of separation can be much higher than dealing with a divorce after 5 years.

Financial settlements after 5 years of separation

Divorce settlements after 5 years of separation should involve the division of marital assets and liabilities. This includes property, savings, pensions, and debts acquired during the marriage.

Don’t assume that everything is split 50/50 because it’s usually just the starting point for negotiations, not where couples end up.

If you and your spouse can agree on financial matters, you can submit a consent order detailing the agreed settlement terms to the court. Once approved, the consent order becomes legally binding.

This is an important step to not overlook as, without a court-approved financial order, the financial ties between you and your ex-husband or wife are not ended, even years after the divorce has finalised.

If you can’t reach an agreement, the court may intervene to decide on a fair division of assets based on factors like the length of the marriage, contributions made, and the needs of each party.

What if a financial settlement was not reached before separation?

You can still obtain a financial settlement now, regardless of how long you’ve been separated. The court will deal with your finances whenever you’re ready to address them.

Key points to understand:

• Current finances matter most: After 5 years apart, judges focus on where you both are financially now. Your current needs and resources take priority over past contributions.
• Informal arrangements aren’t binding: Monthly payments, cost-sharing for children, or verbal agreements hold little weight. The court will note these arrangements, but they don’t determine the final settlement.
• Claims remain open indefinitely: Both parties can apply for a financial order at any time whilst married or within 12 months of the decree absolute. Time alone doesn’t remove either party’s right to claim.
• Verbal promises are unenforceable: Agreements regarding pensions, property, or assets are meaningless without a court order. Either party can change their mind at any time.

Not sorting finances at separation means you need to address them now. The process is the same whether you separated 6 months ago or 6 years ago.

How to proceed with a financial settlement after 5 years of separation?

Even after five years of separation, it’s important to seek a financial settlement, especially before moving forward with any new relationships or major financial decisions. The longer the delay, the more complex the situation may become, and it may also affect the ability to achieve a fair and reasonable settlement.

You have two options to formalise your financial settlement:

Apply for a consent order (if you agree terms)

This is the quickest and most cost-effective route. Once you’ve negotiated an agreement, a solicitor drafts a consent order outlining who gets what. Both parties sign it and submit it to the court for approval.

The court reviews the agreement to ensure it’s fair, then seals the order, making it legally binding. This typically costs £400-£1,500 for drafting plus a £60 court fee, and takes 4-8 weeks to complete.

Looking for an affordable fixed fee option? Look no further than our Online Consent Order for £399.

Apply for a financial remedy order (if you cannot agree)

If you cannot reach an agreement, you apply to the court using Form A. This application outlines the assets, income, and liabilities of both parties, and the court will determine how these should be divided.

The process involves multiple hearings where the judge considers your current financial situation, needs, and circumstances. This route is more expensive and can cost £3,000-£10,000 in solicitor fees. It can also take 6-12 months to complete.

Both routes require full financial disclosure from both parties. Once the court seals your financial order, it becomes legally binding and provides a clean break, preventing either party from making future financial claims.

How did divorce after 5 years of separation used to work?

It’s fairly common for couples that don’t have children together to lose contact, especially after 5 or 10 years of separation.

It’s important to stress that even without the consent or agreement from your spouse, the divorce can be granted when based on 5 years of separation, you may just be required to jump through another procedural hoop.

• If your ex-partner won’t cooperate
• If you don’t have an address for your spouse
• If you have an address for your husband or wife
• If you want to deal with your finances after divorce

It is a myth that you can just get an automatic divorce after five years of separation without your spouse being involved.

If you can’t locate your ex-partner then you must show the court that you have done your utmost to find them.

This does mean that unfortunately, there is no such thing as an automatic divorce, even if you have been separated 15+ years.

You cannot simply divorce without the other party, despite what you may think or have been told.

The quickest and easiest way to obtain a divorce after 5 years of separation is to use our Managed Divorce Service for £199, which is for couples that know where their ex-partner lives and are likely to cooperate.

1) If your ex-partner won’t cooperate

If your ex-partner decides not to cooperate then you’ll need to prove to the court that they have been served with the divorce petition.

You will need to ask the court to serve them personally or hire a private process server to serve the papers to your spouse. This sounds complicated to most people, but it’s a very straightforward step.

The court service is £100+ and most private process servers charge £100-£150. Both services will enable you to move forward with your divorce, however, the process service option is usually quicker.

Once your ex-partner has been served by either of these services, you can then submit a statement of service and your decree nisi application.

This will prove to the court that your spouse has personally been served the divorce petition, which means that you can continue with your divorce proceedings.

In some cases, using unreasonable behaviour as the grounds for divorce may be a simpler option than a separation ground. Call us on 01793 384 029 and discuss your situation for free.

2) If you don’t have an address for your spouse

Your ex-partner must be given the opportunity to respond to the divorce petition, regardless if you have been separated for 10+ years.

Therefore, for this to happen you must prove to the court that you have tried locating your spouse through a range of different means, e.g. social media, family, friends and sometimes even national records.

This is where getting a divorce based on 5 years separation becomes more stressful and costly.

There are 3 valid options available for you to follow if you don’t have an address for your husband or wife;

1. Apply for a court order against a government department to give up the address of your spouse if they are believed to be in the UK.
2. Apply to dispense with service if your spouse lives abroad. You still must show that you’ve tried to locate your spouse in this situation.
3. If you know the address of a close relative or work colleague, you can ask the court for the divorce papers to be served via someone else.

3) If your spouse will agree to the divorce

If you have an address for your spouse and they are likely to respond to the divorce petition things become much quicker and easier and therefore, cheaper.

The divorce procedure will be the exact same as all other grounds when there is cooperation and in most cases, you can obtain a divorce in 5-6 months.

If you are on low income or benefits you may be exempt from paying the court fees, which are set by the government and currently stand at £612.

There are, of course, faster and slower ways to obtain a divorce. Fast being our Managed Divorce Service for £199; This typically completes within 24 weeks and involves our team dealing with the courts and judge on your behalf.

You will not need to attend a court hearing at any point or take any time off work to visit our offices.

Everything is dealt with for you right from the start, up until you receive your decree absolute through the post.

How can Divorce-Online help you today?

1) The UK’s most affordable and straightforward online divorce service

There isn’t a simpler or more cost-effective way to end your marriage than by using our online divorce services.

• Use our simple online tool to find out which service you need.
• View our Online Divorce Service for £199 – Our quickest and most comprehensive service.

2) Free advice for people considering a divorce after 5+ years of separation.

You may be confused about divorce and how it works when you’ve been separated for over 5 years. This is normal, so why not, chat to us on live chat and get the answers you need?

We provide free advice to over 1,000 people every month. We can help you too, simply call us on 01793 384029 for free information on your circumstances.