Divorce after 1 year separation

Written by CalmSplit Editorial TeamReviewed by Ramani GillLast reviewed 13 August 2026England & Wales

There is no one-year separation requirement. The only one-year rule is that you must have been married for at least a year before you can apply. Time spent apart is irrelevant to the application.

CalmSplit checks your eligibility in a few free questions, then prepares your divorce application for a one-off £159.

  • The one-year rule applies to the marriage, not the separation
  • No separation period is required at all
  • You can apply on your own or together
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£159one-off, per person

One-off CalmSplit fee. HMCTS court fees are paid separately to the court.

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Where the confusion comes from

People often mix up two rules: the requirement to have been married at least a year, and the separation periods that existed under the pre-2022 law. Only the first still applies.

The current requirements

  • Married for at least one year
  • A sufficient connection with England and Wales
  • A statement that the marriage has broken down irretrievably
  • A marriage recognised as valid here

What happens after you apply

There is a 20-week reflection period before you can apply for the Conditional Order, then a minimum of six weeks and a day before the Final Order. Most straightforward cases take around six to eight months.

Frequently asked questions

No. Separation periods were removed by the no-fault reforms.

Related CalmSplit pages

Check suitability

The law changed. Start free and pay £159 when you prepare your application.

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