Separated for Two or Five Years

Separated for two years
A court will accept a separation of a period of two years or more* as proof of the irretrievable breakdown of your marriage if both you and your partner agree to the divorce.

*The period of two years will still be considered to be continuous if you have lived together for up to six months during that time.

Separated for five years
It is possible to apply for a divorce without your partner's agreement if you and your partner have been separated for a period of five years or more. Your partner can contest the divorce on the grounds that it would cause unreasonable hardship but it is unlikely that this will be considered grounds to refuse the divorce.