Can I get divorced in the first year of marriage?

No. In England and Wales you can't apply for a divorce until you've been married for at least one year (Matrimonial Causes Act 1973, section 3). In the first year you can apply for a judicial separation, ask for an annulment if a legal ground applies, or put a separation agreement in writing, then divorce once the year is up.

Realising early that a marriage isn't going to work is more common than people think, and it can feel isolating. The one-year rule doesn't mean you have to keep living together or put your life on hold. It means the divorce itself has to wait. This guide covers what you can do now, and how long the divorce will take once you can apply.

1 yearminimum time married before you can apply for a divorceMatrimonial Causes Act 1973

£426court fee to apply for a judicial separationGOV.UK, July 2026

£628court fee to apply for a divorce or an annulmentGOV.UK, July 2026

Why can't you divorce in the first year of marriage?

Because the law says so. Section 3 of the Matrimonial Causes Act 1973 says an application for a divorce order may not be made before one year from the date of the marriage (legislation.gov.uk). It's an absolute bar: the court has no power to make an exception, however short-lived or unhappy the marriage. GOV.UK lists being married for over a year as one of the conditions for getting a divorce (GOV.UK).

No-fault divorce, which came in on 6 April 2022, changed how you prove a marriage has broken down, but it kept the one-year rule. Our guide to no-fault divorce explains how the current process works. The year runs from your wedding date, so check the date on your marriage certificate and apply once your first anniversary has passed.

What can you do in the first year?

GOV.UK says you can apply for a separation or an annulment during your first year of marriage (GOV.UK). You can also agree arrangements privately. Here's how the options compare:

Option	What it means	Court fee
Judicial separation	You stay married, but the court can deal with money	£426
Annulment	Ends the marriage, only on specific legal grounds	£628
Separation agreement	A written record of what you've agreed until you can divorce	None
Wait, then divorce	Ends the marriage once the year is up	£628

Fees correct at 20 October 2026, from GOV.UK (EX50). Help with Fees can cover some or all of a court fee if you're on certain benefits or a low income. Our full list of family court fees has the rest.

What is a judicial separation?

A judicial separation is a court order that formally separates you without ending the marriage. GOV.UK lists being married for less than a year as one of the reasons people use it, along with religious objections to divorce and wanting time to decide (GOV.UK). You apply on a paper form, D8S, sending three copies with a certified copy of your marriage certificate. You can apply jointly or on your own.

Its main practical use is money. When it makes a judicial separation order, the court can make most of the same financial orders it could make on divorce, such as maintenance, lump sums and orders about property (Matrimonial Causes Act 1973, section 23). The big exception is pensions: a pension sharing order can only be made on divorce or annulment (section 24B).

A judicial separation doesn't stop you divorcing later. If you applied for one within the first year, you don't need the court's permission to apply for a divorce once the year has passed (Family Procedure Rules, rule 7.4). But you'd pay two court fees, and you stay legally married, so you can't remarry. For most people, it's only worth it if there's an urgent money problem the court needs to deal with. Our guide to separation or divorce compares the two in more detail.

Can you annul a marriage in the first year?

Yes, if a legal ground applies. You can apply for an annulment in the first year or any time after (GOV.UK). But an annulment isn't a quicker divorce for short marriages. It's only available on specific grounds.

A marriage is void, meaning it was never legally valid, if you're closely related, one of you was under 18 (or under 16 for marriages before 27 February 2023), or one of you was already married or in a civil partnership (GOV.UK).

A marriage is voidable, meaning it's valid until annulled, if (section 12):

it hasn't been consummated (this doesn't apply to same-sex couples)
one of you didn't properly consent, for example because you were forced into it
the other person had a sexually transmitted infection when you married
your spouse was pregnant by someone else when you married
a gender-related ground applies under the Gender Recognition Act 2004

Most voidable grounds have a time limit: you must start proceedings within three years of the wedding, unless the court gives permission (section 13). You apply on form D8N by post, and the court fee is £628. If you were forced into the marriage, you can get support from the Forced Marriage Unit on 020 7008 0151 (GOV.UK).

Should you make a separation agreement?

For most couples in the first year, yes. A separation agreement is a written record of what you've agreed about the home, bills, savings, debts and any children while you wait to divorce. It isn't automatically legally binding, but it's a clear record of what you both agreed. Our guide to separation agreements explains what to include and how much weight a court may give it.

When you do divorce, you can turn what you've agreed about money into a consent order, which is binding. The court can make it once your conditional order has been made, before the divorce is final (section 23). Our guide to consent orders and clean break orders explains how.

What if you have children?

Arrangements for children don't depend on the divorce at all. You can agree where your children will live and how they'll spend time with each of you straight away, ideally in a written parenting plan. If you can't agree, either of you can apply to the family court for a child arrangements order at any time, whether you're married for a month or ten years. Our guides to child arrangements and applying for a child arrangements order yourself explain both routes.

The one-year rule decides when the divorce can start. What you do in the meantime decides how smoothly it goes.

What to do now

Note the key dates. Your wedding date tells you the first day you can apply.
Get organised. Gather bank statements, payslips, pension details and anything about the home. Our guide to getting organised before divorce has a full checklist.
Protect your right to stay in the home. If the home is in your spouse's sole name, you can register your home rights with HM Land Registry, which can help stop it being sold (GOV.UK).
Agree what you can. A mediator can help you settle money and arrangements for any children before you apply.
Take advice early if there's a home, pension or business involved. A family solicitor can tell you whether a judicial separation or annulment is worth it in your case.

If you're frightened of your spouse, you don't have to wait a year to be safe. Call 999 in an emergency, or the National Domestic Abuse Helpline on 0808 2000 247, free and open 24 hours (GOV.UK). The family court can make protective orders at any time.

How long will the divorce take once you can apply?

At least six months from the day the court issues your application, and usually longer. After the court issues it, you must wait 20 weeks before you can apply for a conditional order. Once that's granted, you wait at least 43 days (6 weeks and 1 day) before you can apply for the final order that ends the marriage (GOV.UK).

In practice it takes longer. In April to June 2026, the median time from application to final order was 40 weeks (Ministry of Justice). Many people also wait to apply for the final order until their finances are settled. Enter your expected application date below to see your earliest dates, or read our guide to how long a divorce takes.

Want advice on your options?

Tell us about your situation and we'll introduce you to two or three family solicitors or mediators who can help. The introduction is free, and they'll tell you their fees before you agree to anything.