I have been married to my husband for 6 months.

I have been married to my husband for 6 months. I realised that shortly after the marriage that it was a mistake. Can I get a divorce? He says I cannot divorce him without his agreement and he says he will never agree to a divorce.

Public Answer

Thank you for your enquiry.

Under current English divorce law you normally have to be married for at least one year before you can start divorce proceedings. You could separate from your husband now and get divorced in six months if you have the grounds to start divorce proceedings. We would need to speak with you to discuss whether you have the grounds to start divorce proceedings.

It is important that you are aware that you do not always need a spouse’s agreement to get a divorce. Agreement is only necessary if you start divorce proceedings based on two years separation with your spouse consenting to a divorce. There are other ways or grounds to get a divorce.

If you decide to separate now it may be sensible to sign a separation agreement. At the time of the divorce proceedings, the separation agreement could be converted into a financial court order to prevent either you or your husband making any further financial claims against one another.

If you are not a UK citizen, it is important that you take immigration law advice before you separate from your husband or start divorce proceedings. This is because your immigration status could be affected by the separation or divorce.

You do need family law advice on a separation agreement or divorce proceedings and your financial settlement options. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.

Please note the answer provided above is for information purposes only. It does not constitute legal advice. In order for OTS Solicitors to provide legal advice you would need to instruct OTS Solicitors family law team. If you would like to proceed with legal advice and consult with our family law solicitors please call us on 0203 959 9123.

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