Can you get divorced after less than one year of marriage?

Deciding to end a marriage within the first year can leave you in an unusual legal position, particularly when you’ve already separated and want to start the formal divorce process.

Keep reading to find out when you can apply for divorce and what your options are if your marriage ends before your first anniversary.

The one-year rule for divorce in England and Wales

The one-year rule applies to every marriage.

It doesn’t matter if you separated a few weeks after the wedding or have both agreed that the relationship is over. The court cannot accept your divorce application until the marriage has lasted 12 months.

That doesn’t mean you have to stay together until your first anniversary. You can separate beforehand and begin making arrangements for your home and finances while you wait until you’re eligible to apply for divorce.

For example, if you separate six months after getting married, you don’t have to wait another full year. You can apply once you reach the first anniversary of your wedding date.

After that, you’ll follow the usual divorce process in England and Wales, including the mandatory waiting periods before the Conditional Order and Final Order. These waiting periods begin as part of the divorce process, so the months you’ve already spent separated don’t count towards them.

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Separating before you can apply for divorce – What you can do now

There are several things you can address while you wait to become eligible for divorce:

Get advice about the family home

If you own property together, moving out doesn’t remove your ownership rights or your responsibility for a joint mortgage. Speak to a divorce solicitor before agreeing what will happen to the property or making any permanent changes.

Start looking at your finances

Gather details of all the assets and debts held by each of you, including pensions. This gives you a clearer picture of the finances you will need to deal with when the marriage ends legally.

Record any temporary financial arrangements

If one of you is paying the mortgage, household bills or other shared expenses after separation, keep a clear record of what has been agreed and what has actually been paid. Print bank statements and keep paid bills as proof.

Get legal advice before agreeing a financial settlement

Just because you had a short marriage doesn’t automatically mean there are no financial claims. It’s a good idea to instruct a divorce solicitor to explain how the length of the marriage fits into the wider financial circumstances and advise you before you agree terms with your spouse.

Prepare for the divorce application

Check that you have your marriage certificate to hand and the information you’ll need to apply. Once your first anniversary arrives, you can begin the application without the stress of having to gather everything from scratch.

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When annulment is available during the first year of marriage

You can apply for an annulment without waiting a year, but only in limited circumstances.

The law considers whether the marriage was void (meaning it wasn’t legally valid to begin with) or voidable (where there is a recognised legal reason to annul it).

A marriage could be void if one of you was already married or you’re closely related. Different grounds apply to voidable marriages, including situations where proper consent wasn’t given and certain cases involving non-consummation.

So, if you’ve separated during your first year of marriage, don’t assume annulment gives you an earlier route out. A family law solicitor can check whether the legal grounds apply to your circumstances. And if they don’t, you’ll need to wait until your first anniversary before officially applying for your divorce.

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Moving forward after a short marriage

It’s understandable that having to wait a year after you’ve decided the marriage is over to get a divorce is frustrating. However, you can use that time to get your affairs in order and address anything that doesn’t have to wait until the divorce begins.

Once your first anniversary arrives, you can submit the divorce application and begin the formal process of ending your marriage. The usual no-fault divorce rules will then apply, regardless of how long you were together before separating.