Divorce after 2 years separation

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

The two-year separation ground was part of the old divorce law and no longer exists. You do not need to wait two years, and you do not need your spouse's consent to apply.

CalmSplit prepares your divorce under the current no-fault process for a one-off £159, so you can start now rather than waiting for a period that no longer applies.

  • Two years' separation with consent was abolished in April 2022
  • No separation period is required today
  • Consent is not needed for a sole application
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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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The law changed. Start free and pay £159 when you prepare your application.

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What the old rule required

Under the previous law you had to prove one of five facts, including two years' separation with your spouse's consent, or five years without it. That framework was replaced by a single no-fault basis.

What applies instead

  • A statement that the marriage has broken down irretrievably
  • No blame, no evidence and no separation period
  • A 20-week reflection period built into the timetable
  • Applications can be made jointly or by one person

If you have already been apart for years

Nothing is wasted, but nothing extra is gained either. You can apply immediately, and it is usually sensible to deal with financial claims at the same time through a consent order or clean break order.

Frequently asked questions

No. Consent-based grounds no longer exist.

Related CalmSplit pages

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

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