Separation may be used as a ground for divorce even when you and your spouse live in the same home but only if you're no longer living as a married couple and effectively lead separate lives. Living separate lives for two years when one of you doesn't agree to the divorce If you have lived apart (been separated) for two years continuously, you can apply for a divorce without your partner's agreement. A court will usually agree to a divorce if you've been separated for two years.
It may be useful to ask a mediator or collaborative law practitioner for help to decide who owns what before you go to court. Financial support at the end of a marriage Until you are divorced you and your spouse have a legal obligation to provide financial support for each other. You may need help to agree financial arrangements, see Family mediation or collaboration. Financial support for spouses Agreeing financial support for each spouse If you both agree to financial support, this is called a voluntary agreement.
You'll need to use the ordinary divorce procedure. You'll need a solicitor for the ordinary divorce procedure so it'll be more expensive than a DIY divorce. If the marriage isn't legal For a marriage to be legal, it must meet certain conditions. For example, you and your partner must both be over 16 when you marry and you must not already be a civil partner or married to someone else. If your marriage doesn't meet one of these conditions, the court can end the marriage by granting an annulment (called a decree of nullity). For more information about conditions you must meet to marry, see Getting married.
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