When I opened my inbox recently, I read an email that genuinely made me feel sad.
A woman told me sheโd been living separately from her husband for 4 years and 7 months. She filed for divorce back in February 2022 โ just two months before the law changed โ but because her husband refused to sign, she thought she had no choice but to wait five years before she could divorce without his consent.
She planned to file again in early 2026.
The heart breaking part? She didnโt realise that the law had already changed in April 2022. She could have divorced years earlier.
The Old Divorce Law (Pre-April 2022)
Before April 2022, divorce in England and Wales could only happen if you proved the marriage had broken down on one of five grounds:
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Adultery
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Unreasonable behaviour
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Desertion
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Two yearsโ separation (with consent)
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Five yearsโ separation (without consent)
This is why so many people, like the woman who emailed me, felt trapped. If their spouse didnโt consent after two years, they had to wait the full five years.
It left people in limbo โ stuck in a marriage they couldnโt leave, even though their relationship was long over.
The No-Fault Divorce Law (Post-April 2022)
Everything changed on 6 April 2022, when no-fault divorce was introduced.
Now, you no longer need to prove fault, adultery, or years of separation. You donโt even need your spouseโs agreement. All you need to do is state that your marriage has broken down.
Thatโs it. No blame. No waiting. No endless delays.
For the woman who contacted me, this change could have made all the difference. If sheโd waited just a few weeks longer to file, she could already be divorced today.
Common Misunderstanding: Divorce After 5 Years Separation
Even though the law has changed, old advice and articles are still circulating online. People Google things like โCan I divorce after 5 years separation UK?โ and find outdated guidance.
Hereโs the truth in 2025:
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You donโt need to wait 5 years to divorce
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You donโt need your spouseโs consent to divorce
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Divorce is no longer about blame โ itโs about moving on
What Are Your Options Now?
If youโve been waiting to divorce because you thought you had to hit the 5-year mark, hereโs what you can do instead:
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Apply for a no-fault divorce today โ thereโs no waiting period accept you must have been married for at least a year
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File jointly or alone โ your spouse cannot stop the process
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Protect your finances โ divorce only ends the marriage. To prevent future claims, youโll need a legally binding Consent Order
At Easy Online Divorce, we help people every day who thought divorce was out of reach, only to discover itโs much simpler and more affordable than they ever imagined.
The Cost of Divorce in 2025
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Managed No-Fault Divorce Service: ยฃ299 fixed fee
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Court fee: ยฃ612 (unless you qualify for help with divorce fees)
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Consent Orders: From ยฃ399, for a clean break order.
Thatโs it. No hidden extras, no surprise bills.
Frequently Asked Questions
Do I still need to wait 5 years to get divorced in the UK?
No. Since April 2022, divorce law changed to no-fault divorce. You donโt need to wait 5 years, or even 2 years. You can apply at any time, without your spouseโs consent.
Can my spouse stop me from divorcing under the new law?
No. Your spouse cannot block the divorce. If you apply alone (a sole application), the process continues even if they refuse to engage.
What happens if I started divorce before April 2022?
If you filed before the law changed, your case was under the old rules. If it stalled because your spouse refused consent, you can start again today under no-fault divorce and move forward without delay.
Is divorce automatic after 5 years of separation?
No. Divorce is never automatic. Even after 5 years, you must still apply to court. Before April 2022, 5-year separation was one of the legal grounds. Today, you donโt need to wait at all.
How long does a no-fault divorce take?
On average, around 7โ8 months. This includes the mandatory 20-week โreflection periodโ and a 6-week gap between Conditional Order and Final Order.
How much does a no-fault divorce cost?
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Easy Online Divorce Managed Divorce Service: ยฃ299
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Court fee: ยฃ612 (unless you qualify for help with fees)
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Consent Order (for financial protection): from ยฃ399
Do I need a Consent Order if Iโve been separated for years?
Yes. Divorce only ends your marriage. A Consent Order closes the door on future financial claims โ even years after separation. Read this shocking true story about the consequences of not having a consent order.
Final Thoughts
It breaks my heart when people put their lives on hold because of outdated advice.
You donโt need to wait 5 years. You donโt need your spouseโs permission. You can start again today, and finally move on with your life.
Book a free consultation and weโll guide you through your next steps.
