To get divorce, must a couple be separated from each other for three years?

3 years' separation with consent is only 1 of 5 possible grounds for divorce. Parties may live separate and apart from each other in the same household if they lead separate lives from each other. They do not necessarily need to sleep in separate rooms, although this is usually the case.

The only legal ground for divorce is irretrievable breakdown of the marriage. And separation is one way to prove it. Divorce without contest, at least 3years separation is required.

The other legal prove is unreasonable behaviour, desertion and adultery. But separation is the preferred way as it is a 'no fault', neither party is at fault.

Sleeping in different rooms will not be enough, both parties have to ensure they do not perform any 'spousal duties' for their spouse. Eg cooking for each other, cleaning or washing for spouse, etc. Or even do anything together. A judge can rule otherwise. Physically living in different location is usually much easier to prove breakdown of marriage.

The couple might want to consider getting a lawyer to draft a formal separations agreement instead in this case. ​​​