A divorce can be an emotional and mentally straining time, that’s why our specialist solicitors are here to help.
Many changes arise from the result of a divorce such as finances, living arrangements, it could also cause complications regarding child care and support.
What is a divorce?
A divorce is the dissolution of a marriage, which is the process of terminating a marriage/marital union between two people. In order to obtain a divorce in the UK you marriage must be recognised by UK laws, you also have to have been married for a minimum of 1 year.
On what basis can I obtain a divorce?
In order to obtain a divorce you will first have to provide evidence to the Court that your relationship has “irretrievably” broken down by showing at least one of these five things:
- Agreed Separation – both spouses have lived separately for two years and have both agreed to dissolve the marriage.
- Non-unanimous separation – when one spouse does not agree to the divorce, in this case you must have lived apart for a minimum of 5 years.
- Adultery – this is when your spouse has had intercourse with another person (of the opposite sex, UK law does not recognise homosexual intercourse as adultery) and as a result you no longer want to be with them.
- Unreasonable behaviour – this covers mental and/or physical abuse/cruelty including a lack of financial care, issuing arising from an addiction such as drug taking.
- Desertion – if your spouse has deserted you, in order to dissolve the marriage, you must have been living apart for a minimum of two years. This, in some cases, has been difficult to prove and sometimes the Court might not agree the absence of your spouse as desertion, depending on their expressed intention.
What is the process I will have to take?
The three main steps to obtaining a divorce are:
- Filing for a divorce – seeking permission from the UK law Courts to obtain your divorce. The success of the petition presented will depend on the reasons given for wanting to dissolve your marriage.
- Obtain a Decree Nisi – if your spouse consents to the dissolution and signs the necessary documents you may receive a documents which authorises your divorce process.
- Obtaining a Decree Absolute – after receiving your decree nisi you have to wait six weeks before you apply for your decree absolute. Once you have obtained you decree absolute your marriage is officially dissolved in law.
If you want to begin divorce proceedings, or perhaps you are currently in the process and require some advice. Whatever stage you in we are here to help you. Direct Solicitors are here to help, we will ensure your divorce proceedings and any related issues, such as spousal maintenance, child care/support, division of assets, goes as smoothly as possible.