What Are The Grounds For Divorce?

There is only one ground for divorce in England and Wales: irretrievable breakdown of marriage. To prove irretrievable breakdown of marriage, one party must demonstrate one or more of the following ‘facts’:

• the other spouse has committed adultery;
• the behaviour of the other spouse has been unreasonable;
• a spouse has deserted the other for a period of two years;
• the spouses have been separated with consent for two years; and/or
• the spouses have been separated without consent for five years.

We have only been married a short time. Can I file for divorce?

In England and Wales you cannot petition for divorce if you have been married less than one year. You must wait until after 365 days have passed to petition for a divorce and you must demonstrate that your partner’s behavior is unreasonable or that they committed adultery, which is hard to prove if your partner denies they had an affair.

We married abroad, but can we divorce in England?

You can still obtain a divorce in England even if you married abroadprovided either you or your spouse is habitually resident or domiciled in England or Wales. It does not matter that you married abroad, what matters is that you live as a resident of England for at least one year before you file for divorce.

What if I live in England and Wales and my spouse resides abroad. Can I still obtain a divorce?

Yes, you can still obtain a divorce from your spouse, even if your spouse now lives abroad provided you are either domiciled or habitually resident in England and Wales for one year before you file for divorce.

My spouse committed adultery but I forgave him. I now want to file for divorce. Can I still rely on my partner’s adultery?

You can cite your partner’s adultery as a fact to prove irretrievable breakdown of marriage as long as you became aware of it less than six months ago. If you became aware of the adultery more then six months ago, you are seen to have accepted it, and you can no longer use the fact to seek a divorce unless your partner commits adultery again after this.

Will the separation period start over if my partner and I reconcile, albeit briefly?

If you seek a divorce on the basis of either two or five years separation, you can reconcile for a period or periods totalling less than six months over the two or five year period. However, you must add on the reconciliation period to the end of the two or five year period and you go only start divorce proceedings at the end of that time. If, however, you reconcile for a period or periods totalling six months or more, the two or five year separation period resets – any period or periods of prior separation will essentially be wiped out.

My partner and I are separated but living in the same house, can I still file for divorce?

Yes, you can still file for divorce if you are separated but living in the same home. You must demonstrate that you are not living as husband and wife by showing that you have separate bedrooms, and you are not sharing any domestic tasks such as cooking, washing, and ironing, or going to social events as husband and wife.

What conduct qualifies as ‘unreasonable behaviour’?

There is no exhaustive list as to what qualifies as ‘unreasonable behaviour’. You must show that, objectively, nobody could expect you carry on living with your spouse together because of his or her conduct. A few examples of ‘unreasonable behaviour’ include:

• Continuous name calling.
• Lack of sex.
• Disinterest in you or the family.
• Disrespectful or undermining behaviour.
• Lack of financial support in maintaining the household.
• Violent or abusive behaviour.

I have received the Decree Nisi. Does this mean I am divorced?

No, a Decree Nisi does not mean that you are legally divorced. The court issues the Decree Nisi to stipulate that both parties must wait six weeks and one day before they can file for the Decree Absolute (divorce decree). The court uses this period of time to see if anyone objects to the divorce. If nobody objects, you are free to file for the Decree Absolute. It is only when you obtain the Decree Absolute that you are legally divorced.

What if my partner, the petitioner, does not apply for the Decree Absolute, can I apply?

Yes, as respondent, once the court has issued the Decree Nisi you can apply for the Decree Absolute if your partner fails to do so. However, you must wait four and a half months from the issuance of the Decree Nisi. (NB. The petitioner only has to wait six weeks and one day.)

How long does the divorce process take?

A typical divorce takes between three and six months. However, this depends on how quickly your partner responds to your petition. The divorce may also be delayed if and your partner disagrees about how to divide assets or disputes arrangements for the children. It is best to arrive at an agreement on these matters prior to applying for divorce, if possible.

When can I marry again?

You are free to marry again once the Court has issued the Decree Absolute. Prior to this you cannot remarry.

Getting help

A solicitor who specialises in matrimonial and family law matters can assist you in complying with court procedures and in negotiating settlements as to financial matters, children and other issues that may arise during divorce or dissolution.

Source: - http://www.findlaw.co.uk/law/family/divorce_and_dissolution/500176.html

Does It Matter Who Divorces Whom?

Divorce is never an easy situation to go through. There are many things to consider, on top of the emotional stress one has to overcome before, during, and after the whole ordeal.

A question many couples going through divorce ask is whether it matters who divorces whom. While the outcome will always come out that the couple will be separated legally no matter who initiates the divorce, it does matter who divorces whom.

When you weigh the advantages and disadvantages, the one who is divorced usually has more disadvantages for quite a few reasons. The person who files the divorce petition is usually the one who controls the speed of the proceedings, which could be inconvenient, especially if one of you plans to remarry. A clear disadvantage to being divorced is that you will usually be the one asked and ordered by the court to pay the legal fees that come with the divorce. While this sounds unfair, and even adds insult to injury, this ‘tradition’ of sorts was done with the idea that if you prove your case, you will reap rewards and be paid back the costs, even it does not always apply in the family justice system.

Some couples find a way to avoid having just one partner pay all the legal fees by agreeing or coming to a consensus that they will share whatever fees that the divorce will cost. This means that the partner who files the petition for a divorce will not seek an order for costs against the other. You are lucky if you find yourself in such a situation, because that means that your spouse is willing to look at matters from a very mature and fair point of view.

Another disadvantage to being the one divorced means you have to go through the ordeal of having a legal description of your behaviour, your private life and other private matters, most especially if your spouse bases the divorce on your unreasonable behaviour. This does nothing but add a lot of trauma to an already traumatic experience. What you can do, though, is to file an Answer to the allegations, forcing a compromise on the allegations made against you. This process can be quite inconvenient, and most couples will do their best to avoid going through this.

The good news is, who divorces who does not affect the other, more important matters concerning your divorce. While there are few disadvantages as cited above, being the one divorced does not affect your right to your children, or in financial matters, unless, of course, the Petition against you has something to do with your parenting skills, or how you treat your children, or how you handle your finances and other money-related issues. So make sure to check the Petition that your spouse filed, so that you’ll know what allegations he or she has made against you. Knowing what’s written in that petition will allow your counsel to prepare you for any situation that may arise.

To prevent going through all these troubles, and to spare yourself and your soon-to-be-former spouse the acrimony, is to offer the Petition in draft first before it is sent to the court. This way, you and your partner can discuss the matters written on the petition, especially those that may cause the other to get upset. This way, you can negotiate on the matters that will come up in court, and you can water down the other issues that you both have decided to present to the court. This is a good way to make sure that the entire process is fair to both parties.

source:- http://www.sfla.co.uk/whodivorceswhom.htm

Filing for divorce

Very clear information on this site and lots of helpful financial insights.  Money is going to get tight so you need to manage it!

There are several fixed stages of divorce which vary slightly across the UK. Find information that’s relevant to where you’re thinking of getting divorced.

The divorce process in England and WalesHide

Getting divorced in England or Wales involves one person starting the process. They are called the ‘petitioner’. The husband or wife of the petitioner is called the ‘respondent’. In some divorces it will be one spouse’s decision, so they will start the process, but in others you may decide between you who the petitioner is and who the respondent is. It’s best to stay on civil terms with your husband or wife if you possibly can, because there’s a lot for you to sort out.

The stages of divorce

There are two stages to the divorce process:

1. a decree nisi, which means you’re moving towards divorce but nothing is finalised yet, and
2. the decree absolute which means that the marriage is entirely at an end. After this you’re both free to re-marry

Starting a divorce

To start a divorce, either you or your spouse needs to complete a document, known as a petition, and post or deliver it to your local county court, along with a court fee of £340.

Find your local court

Download a divorce petition form

Justifications for a divorce

The petition must rely on one of five possible facts to prove that the marriage has irretrievably broken down.

• Adultery with another person of the opposite sex
• Unreasonable behaviour
• Two years' desertion (when your partner leaves without explanation and without your consent)
• Living apart for two years, if you both agree to the divorce
• Living apart for five years (in which case your spouse doesn’t have to agree to the divorce)

You can’t file an application for divorce until at least one year after you married.

For more information:-

www.moneyadviceservice.org.uk/en/articles/filing-for-divorce