Is it 4 years or 5 years for a divorce??

fawdalong

I have an appointment with a mediator coming up soon but in the meantime can anyone help.

The 4 out of the last 5 years to divorce, confuses me.

Let's say for example I separate on 1 Jan 2016. Does this mean I can technically be divorced on the 31 Dec 2019 (01 Jan 2020!). Because technically out of the last 5 years (2015, 2016, 2017, 2018, 2019) I have been separated for 4 of them.

Or does the 5 years start on the 1 Jan 2016?
So I must wait until 31 Dec 2020 (or 01 Jan 2021!)???
Which means I'll actually have been separated for 5 years!

Dial Hard

It's four out of five years. So if you've been separated for four continuous years, you can divorce after four years.

My marriage ended in December 2011, I got divorced earlier this year.

fawdalong

Dial Hard wrote: »

It's four out of five years. So if you've been separated for four continuous years, you can divorce after four years.

My marriage ended in December 2011, I got divorced earlier this year.

Oh that's great thank you.

So I guess the 4 out of 5 is built in for a circumstance where you might separate for a year, maybe reconcile for some time, and then separate again???

Dial Hard

fawdalong wrote:

So I guess the 4 out of 5 is built in for a circumstance where you might separate for a year, maybe reconcile for some time, and then separate again???

Exactly.

desbrook

To add to the confusion it's five years if you decide the day after you get married you want a divorce - ie you must be married at least five years in the first place in order to fill the requirement.

Joshua5

can you lodge for a divorce before these timeframes, ie there's a years waiting list which brings you to the statutory time frame or can you only lodge within the timeframe.