How long do I have to be married before I can get a divorce?

When considering a divorce in England and Wales, one of the first questions that often arises is how long you need to be married before you can file for divorce and understanding this requirement is crucial for those contemplating the end of their marriage.

Minimum Duration Requirement

In England and Wales, despite recent reforms the law on thus remains unchanged. Section 3 of the Matrimonial Causes Act 1973 dictates that you must be married for at least one year before you can apply for a divorce . This rule is in place to encourage couples to invest time in trying to resolve their differences and to uphold the sanctity of marriage. It’s important to note that this is a strict requirement, and attempts to file for divorce before one year have elapsed will not be entertained by the courts.

Exceptions and Special Circumstances

While the one-year rule is quite firm, there may be rare exceptions where a marriage annulment could be considered within the first year under specific circumstances, such as if the marriage was entered into under duress or the spouses are closely related. However, these cases are exceptional and require substantial evidence.

Recent cases

An interesting case has recently been resolved in the matter of The Lord Chancellor v 79 Divorced Couples [2024] EWHC 3211 (Fam).

In this case the President of the Family Court has concluded that 79 divorces were voidable rather than void.

The consequences of a divorce being declared void would have been significant, for example a remarried party would have committed bigamy. In the case of a voidable divorce, the court has discretion whether or not to set aside the decree absolute.

The background was that the divorces of 79 couples, who applied for a divorce precisely one year after their marriage, were at risk because the HMRC portal had failed to pick up the fact that the applications were made a day earlier than permitted.

The Divorce, Dissolution and Separation Act 2020 provides for a spouse to apply for divorce simply on the basis the marriage has broken down irretrievably. However, the Act did not substantively change the 1973 Matrimonial Causes Act which states that a divorce application ‘may not be made before the expiration of the period of one year from the date of the marriage’.

The divorce applicants inadvertently submitted their applications a day early.

The divorce portal was meant to catch this but a computer error allowed such applications to be made from 6 April to November 2022 when the fault was discovered. Even then, a few further cases weren’t caught by the system despite a fix being applied.

Thankfully, some of the cases were stopped before a final order, but 79 final orders had already been made. Furthermore, 11 of the individuals had remarried, 19 had commenced financial proceedings and 17 final financial remedy orders had already been made. Basically a drafting and programming error had created chaos!

The central issue was what legal consequences follow a failure to comply with the s3(1) time threshold. Without express statutory provision, the court had to impute to Parliament an intention as to the consequences of non-compliance. What was the underlying policy of s3(1)?

The President considered it ‘inconceivable that Parliament would have intended that the consequences of submitting an application for divorce one day early, which, by administrative/computer error was processed through to a final order of divorce being granted, would be that that final order must automatically be set aside as void and having no legal standing… the intention of Parliament cannot have been that non-compliance with the time threshold [in the 1973 Act] must in every case render any resulting divorce order void, rather than voidable.’

He concluded that the 79 final orders were, therefore, voidable as opposed to void.

In practical terms this meant that the 158 respondents (none indicated opposition to the application) were given until 31 January 2025 to provide a statement as to whether they want their final order to be found void, and if so, on what grounds (and in many of the cases to breath a sigh of relief).

In conclusion, while the duration of marriage required before seeking a divorce may seem like a hurdle, it serves as a timeframe for reflection and potential reconciliation. Should you find yourself past this one-year mark and still considering divorce, understanding the legal process and available support can guide you through the transition with clarity and confidence.

For individuals considering divorce, seeking legal advice is highly recommended. Family law solicitors can provide guidance tailored to your situation. Additionally, there are support services available for those undergoing this significant life change, offering emotional and practical assistance.

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 8th March 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here