5 year separation as grounds for divorce

If you and your spouse have been separated and have lived apart for five years continuously, you can use afive year separation as grounds for divorce to apply for a divorce without needing consent from your spouse.

A court will usually agree to a divorce as long as you have been separated for five years. To use the fact of five year separation as grounds for divorce you
will need to be able to satisfy the courts that you and your spouse have lived
apart for a continuous period of five years or more before seeking a divorce.

In contrast to using the fact of two years separation as grounds for divorce
there is no legal requirement that your spouse consents to the divorce when
this fact is used. This fact is most commonly used when your spouse does not consent to the divorce and you do not wish torely upon any of the other facts - adultery, unreasonable behaviour or desertion.

Whilst it is possible for you to continue to live with your spouse yet still be separated, it would be expected that you would no longer socialise and sleep together and would in effect be leading two separate lives.

A period of up to six months where you have attempted to fix your marriage by living as a married couple once more will not stop you from then using the fact of five year separation if the attempt to reconcile your marriage fails.