Separation: What is the difference between 3 years’ separation and 4 years’ separation?
- Separation: you may obtain a Divorce by relying on the “irretrievable breakdown” of your marriage if you are able to prove that you and your spouse have lived apart for a continuous period of at least 3 years before the Divorce and your spouse must agree to the Divorce.
- There are 2 types of Separation which may be relied on as a ground for Divorce:
- 3 years’ separation with consent: this may be relied on when you and spouse have lived apart for a continuous period of at least 3 years before the Divorce and your spouse must agree to the Divorce
- 4 years’ separation without consent: this may be relied on when you and spouse have lived apart for a continuous period of at least 4 years before the Divorce but your spouse does not agree or consent to the Divorce.
