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

Dating during divorce

For the newly single the thought of “starting again” in a new relationship can be a very daunting one, and we often find ourselves being asked about the dos and don’ts of dating, or starting new relationships, whilst we are still helping clients through their divorce or separation. Clearly there is no one-size-fits-all advice, and many would question the wisdom of divorce lawyers dispensing dating tips, but as it is something we are often asked about, we thought a few general pointers might help.

For those who feel ready, dating while going through divorce can help you cope with loneliness, a need for comfort, and low self-esteem. However, as separation can be a very sensitive time, discretion is often a good idea. Although technically there are few legal reasons why you shouldn’t date, we often find that new relationships can act as emotional flashpoints during the divorce process which can throw boulders into the path of smooth progress to getting financial and children arrangements sorted out. There is little to be gained from announcing to the world that you are dating while matters are not yet settled. The fact of a new relationship’s existence can be very provocative and it is not unknown for negotiations that have been going well to be derailed by the discovery of one spouse’s romantic liaisons.

You need to be aware that a new relationship can give your spouse a ground for divorce which might not have otherwise been available. As we mentioned in our blog on divorce myths, a sexual relationship with someone other than your husband/wife is still adultery even if you have technically separated.

It is an unfortunate truth that in this technological age, suspicious or jealous spouses or other family members can (and do) hack, bug and snoop into computers, phones and emails, looking for evidence of a new relationship. (And don’t get us started on the dangers of facebook!) The information might be useful for them emotionally, perhaps to prove that infidelity was the real cause of a relationship ending, or they may be looking perhaps to find out information about spending. Sensible precautions with regards to electronic privacy are to be recommended. There are rules on what sort of information obtained through dubious means lawyers can see, so if in doubt, speak to us about this, and be aware that if you do go snooping on a partner or former partner, it may come back to haunt you.

If you have children, it is always difficult to know what and when to tell them about a new relationship. Different children will react differently, and a lot will depend upon their age and degree of maturity. You will know your children best of all, but it is important not to underestimate the effect of a separation on them, and the time it will take them to work things through in their mind. Any proposed introductions of a new partner must be handled sensitively.

If your spouse is supportive and you have managed to maintain good lines of communication with them, it can be helpful to discuss how to handle introducing new partners to the children before any new partners arrive on the scene! This isn’t always feasible; but if the children are unsettled, angry, nervous or upset by the separation, then it may be better left for a bit. If you are in any doubt about how your children will react to meeting your new partner, then it’s probably better to delay a new introduction for a while.

Working together with your ex-spouse as co-parents is something you will have to do for many years to come. Counselling for both of you, together or separately, can be a great help to navigate the potential minefield of new relationships and their impact on the children, or you could work out some ground rules together with the assistance of a family mediator. Many people find that it becomes easier to talk constructively when there’s an impartial third party in the room.

We would also suggest that it is only worth risking the fall-out from introducing a new partner to your children when you are sure the relationship will last. Obviously it is impossible to be 100% certain about the future of relationships, but it is worth avoiding multiple repetitions of the tricky exercise of introducing a new partner to your children. Children can be unsettled by repeated introductions their parents’ girlfriends or boyfriends, whom they may consider to be their potential step-parents.

Serious new relationships can also impact upon financial negotiations and settlements. During the proceedings you will be asked about your intentions with regard to cohabiting or remarrying. You must answer honestly, and if you do intend to set up home with your new partner, their financial situation will become relevant to your case. Even if you are living under a separate roof from your new partner, if you share each other’s households this could be construed as living together, which could affect the way the court looks at what you need financially for the future. If in doubt, have a word with us about it.

Likewise it is not a good idea to mix finances with your new partner whilst you are sorting out your divorce. It’s best to keep everything separate until the dust has settled.

For many people, divorce is about one door closing and a lot of other doors opening up. It is possible to achieve real happiness by finding a new partner after divorce, and we’ve seen this happen many times. It’s just wise to have an idea of the pros and cons of doing so before the divorce is final, so that you’re fully informed of what the consequences might be. It needn’t stop you having fun, and we really hope you do!

Source:- http://www.cflp.co.uk/dating-during-divorce/

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