I've Been Married Less Than A Year – Can I Still Get A Divorce?

It's not where anyone expects to end up. You marry or enter into a civil partnership full of love and hope for the future, then before the first anniversary approaches, it's clear things just aren't working out. For some, their first instinct is to take immediate legal steps in order to bring clarity, finality, and maybe just a bit of peace.

However, if you've only been married (or in a civil partnership) for less than 12 months, you won't legally be able to apply for a divorce or dissolution just yet, and that can come as a bit of a surprise (especially to those who feel emotionally or financially ready to move on).

Still, that doesn't mean you're stuck. There are some formal and practical steps you can take in the meantime that can help lay the groundwork for a more stable separation, even before the law allows you to call it final.

You do have options

While the law says you can't apply for divorce or dissolution until 12 months have passed, there are still paths forward, depending on what you need: greater financial certainty, space from the other person, or simply the reassurance that some kind of legal structure exists around what's happening.

One of those paths is making an application to the Family Court for a 'judicial separation'. This lets the Family Court formally recognise that your relationship has broken down, before the marriage or partnership can be legally ended.

It isn't a divorce, so it won't allow you to remarry or enter into a new civil partnership, but it can be helpful in certain situations – perhaps where there's a religious reason not to divorce, or where something urgent needs addressing before the 12 months are up.

With a judicial separation, the Court can step in and make financial remedy orders covering property, lump sums or periodical payments. However, it can't divide pensions, and you can't get a clean financial break through this route, either – that has to wait until divorce or dissolution proceedings later on. In the absence of a clean break, financial claims will remain open to explore between the parties.

An application for judicial separation can be made by one or both parties, but it is rare to encounter applications these days, simply because the process can take months and it comes at a cost. As such, it's not always the most efficient choice unless there's a strong reason to go down that road. Most people choose to wait, so they don't have to go through both the judicial separation and divorce/dissolution processes.

If you don't want to go to Court

Here's where separation agreements come into play. These are written agreements between you and your spouse or partner, that set out what happens now and what you both expect to happen when divorce or dissolution becomes possible.

Whilst separation agreements are not legally binding in the strict sense, that doesn't mean they're not useful. A well-drafted separation agreement (drawn up with sound, independent legal advice and full financial disclosure on both sides) can carry serious weight. The Court is unlikely to ignore it down the line, especially if the agreement is fair to both parties, and it's clear that both of you understood and were willing to sign up to it.

These agreements often include things like:

• Who stays in the house (if anyone).
• Who's paying the bills, and how.
• What happens with bank accounts, or debts, or even pets.
• And, importantly, what's likely to happen when the formal divorce does begin.

It is important to note that even if you have a separation agreement, the division of finances is not properly formalised unless a formal 'financial remedy consent order' is obtained through the Court. Before granting it, however, the Court will want to be satisfied that the terms of the financial consent order (based on the separation agreement, where applicable) are fair to both parties.

Annulments and 'void/voidable' marriages

Occasionally, a couple finds themselves in a position where annulment might apply. It's rare, but certainly worth mentioning.

A marriage or civil partnership might be declared void (which means legally, it never existed) or voidable (it was valid, but there are grounds for ending it through a 'nullity' application). The list of reasons is very specific and limited to things like bigamy, lack of consent, or even non-consummation (in certain cases).

If any of those factors might apply to you, it's worth getting advice before assuming the 12-month wait is your only option.

Waiting might feel frustrating, but it can be useful

There's nothing easy about living in that in-between space, where you know the relationship is over, but remain legally tied to one another for a while longer. However, there's sometimes value in the waiting.

This can be a time to take stock. To plan. To put early financial agreements in place; if there are children involved, or shared financial responsibilities, even a soft, informal structure can ease tensions and protect everyone's wellbeing.

And when that one-year mark does finally arrive, you'll be ready, and have real clarity on what needs to happen next; maybe even with some of the trickiest decisions already made.

We're here if you need to talk it through

Short marriages can be just as emotionally complex (and legally important) as longer ones. It can feel especially overwhelming to confront the legal realities, once you realise the full gravity of the legal rules surrounding your relationship's end.

At Buckles, we understand that timing doesn't always line up with how people feel. If your relationship has broken down and you're wondering what your next step should be, we're here to talk things through. Whether it's helping with a separation agreement, advising on whether judicial separation is worth considering, or simply giving you some guidance for the months ahead – we'll meet you where you are.

It doesn't have to feel like limbo. There's support out there, and we're here to provide it.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.