Getting a Divorce

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Getting a Divorce

Getting a divorce or dissolution can only be applied for one year after the marriage ceremony. The marriage or civil partnership must have irretrievably broken down and this can be proved by a number of facts. In divorce proceedings, these can be:

  • Unreasonable behaviour
  • Adultery
  • Separation in excess of 2 years if both parties agree
  • A period of desertion for 2 years
  • Separation in excess of 5 years, where it does not matter if one party objects or not.

The above facts can also apply to dissolve a civil partnership except however for adultery, as currently, this would not apply to a same-sex couple. A same-sex couple would cite any adultery as unreasonable behaviour.

We can advise and assist you on the right course of action for your circumstances.

Get your divorce paperwork approved

There are 3 main steps to asking a court to approve your divorce paperwork. You have to apply to the court to file for a divorce and show the reasons why you want the marriage to end. The courts will grant a decree nisi if your ex-partner doesn’t defend your reasons for a divorce.  On the other hand if they do defend it then you can still apply for a decree nisi, but you’ll have to go to a court hearing to discuss the case. You can apply for a decree absolute 6 weeks after your decree nisi date. This will legally end your marriage and allow you to remarry.

When you apply for a divorce you’ll need to prove that your marriage has broken down. You’ll need to give one of the following 5 reasons.

Adultery

Your husband or wife had sexual intercourse with someone else of the opposite sex.

The law recognises the act of adultery as sexual intercourse between a man and a woman.

You can’t give adultery as a reason if you lived together as a couple for 6 months after you found out about it.

Unreasonable behaviour

Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with them.

This could include:

  • physical violence
  • verbal abuse, such as insults or threats
  • drunkenness or drug-taking
  • refusing to pay for housekeeping

Desertion

Your husband or wife has left you:

  • without your agreement
  • without a good reason
  • to end your relationship
  • for more than 2 years in the past 2.5 years

You can still claim desertion if you have lived together for up to a total of 6 months in this period.

You’ve lived apart for more than 2 years

You can apply for a divorce if you’ve lived apart for more than 2 years and both agree to the divorce.

Either husband or wife must agree in writing.

You have lived apart for at least 5 years

You can apply for a divorce if you’ve lived apart for at least 5 years, even if your husband or wife disagrees.

Click here to see our Divorce Process Guide

When filing for divorce, you and your spouse also need to think about:

  • the arrangements for looking after any children
  • child maintenance payments for any children
  • how you are going to split your assets

The Simple Divorce Process Guide

Make an enquiry with our Divorce Law Experts on

0800 177 7702 or contact us online

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