The divorce on grounds of 5 years separation is to prove that your marriage has irretrievably broken down. If both parties come to an agreement, it can be quick and easy to end the marriage without hostility or blaming one another.
In many divorce cases, where the respondent is not cooperative, or you don’t have an address for your spouse the process may be complicated and delayed.
It is a myth that you can get a divorce after 5 years of separation without your spouse being involved. But that’s not true as you cannot simply divorce without their knowledge, regardless of what you or they said before separating. You still must show to the court you have done your utmost to find them.
What 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.
Having to do this will increase the cost of divorce as the court service is £100 and most private process servers charge £100-£150.
Once your ex-partner has been served by either of these services, you can the statement of service and your decree nisi application.
This will prove to the court that your spouse has personally been served the divorce petition.
You can now continue with your divorce proceedings once the judge grants you a decree nisi pronouncement date.
What if you don’t have an address for the spouse?
Your ex-partner must be given the opportunity to respond to the divorce petition, regardless if you have been separated for 5+ 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.
Unfortunately, this is where getting a divorce based on this ground for divorce 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;
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.
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.
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.
A divorce of this nature is often referred to as a missing spouse divorce
Cases where your spouse will consent 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.
How much do a 5 years separation divorce cost?
Hopefully, from reading this article you’ll understand that the cost of your divorce after 5 years entirely depends on whether you have an address for your spouse and if they’re likely to cooperate.
However, if you don’t have an address your divorce bill is likely to be £1,000+ in legal fees, court fees and any additional court applications or services required.
How long do you have to be separated to be automatically divorced?
In the UK, there is, unfortunately, no such thing as an automatic divorce and regardless of the grounds for divorce, a divorce must be processed through court and granted by a judge. The respondent needs to also be given the opportunity to see the divorce petition.
Can I divorce my husband or wife without their consent?
Yes, you can divorce your husband or wife in England or Wales without their consent, but only once you’ve been separated for a period of 5 years. It is not possible to divorce your spouse without their consent, prior to this period of separation.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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