Getting A Divorce In The Uk - Everything You Need To Know

The breakdown of a once successful marriage is always stressful and the divorce process itself can be confusing and sometimes very lonely

. In order to obtain a divorce in the UK, you need to prove that your marriage 'has broken down irretrievably' and that it has done so for one of five reasons:

Adultery, you can get a divorce based on your partner's adultery - but not your own; Unreasonable behaviour on the part of your spouse; Because you have not seen your spouse for a minimum period of two years; Because you and your spouse have been separated for a minimum of two years and they consent to being divorced; or you have been seperated from your from your spouse for a minimum of 5 years. You must have been married for at least 12 months before either of you can apply for divorce and the spouse who starts the divorce is commonly referred to as the 'petitioner', with their other half being called the 'respondent'.

The Divorce Petition is the first stage of the process and this confirms basic information about your marriage including the reason for the divorce. The petition is sent to the County Court, accompanied by the original Marriage Certificate and a Fee. In addition if you have any children under 18, you will need to complete a separate form telling the court your proposed arrangements for the children. The Divorce County Court will then forward your Divorce Petition to your spouse. They should then complete and return a form sent to them by the Court that indicates if they intend to consent to the divorce or not.

Now, your divorce solicitors will prepare a statement for you to swear in support of your divorce and also apply for a Decree Nisi, which is in effect a provisional divorce. At this stage, the Court will look at the proposed arrangements for any children you may have - including who they will live with, how they will be educated and how often they see the non resident spouse. It is at this stage the Court decides who will pay for the divorce in the event that you and your spouse do not agree who is responsible.

Exactly six weeks and one day after the Decree Nisi is pronounced, you can then apply for the Decree to be made Absolute - and it's this process that legally ends the marriage. Many divorce solicitors will recommend that you wait until your financial circumstances have been settled before an application is made for Decree Absolute. This is to safeguard your financial rights.

Unless the divorce is contested by either party you don't usually need to attend Court in person. If a decision is made not to delay the Decree Absolute, an average divorce may take between four and five months from issue to the grant of Decree Absolute. Make sure you appoint a good specialist divorce solicitor and also make sure that you feel comfortable with your divorce solicitor and that they clearly understand your wishes and feelings.

by: Iain Russell

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