UK Divorce Process: What You Need to Know

Intro

Getting a divorce should be carefully considered by both parties especially when there are children involved in this union. However, having said this, you may have done your due diligence and arrived at the conclusion that divorce will be in the interest of everyone concerned including the children (if you have any).

Alright to obtain a divorce in the UK you ought to have been married for not less than one year with your relationship completely broken-down. In addition to this, your marriage must be one that the UK recognises legally and you must possess permanent residency in either England or Wales.      

Steps Involved   

Okay there are three main steps involved with getting divorced in the UK. This includes the following:

1. Filing divorce petition: to do this, you are required to apply for permission by the court to be allowed to divorce. In doing this, you will have to provide reasons for your request for the dissolution of your marriage.

2. Apply for decree nisi: you can apply for this document if your husband or wife is in agreement with the petition.  

3.  Apply for decree absolute: you will be able to apply for this after six weeks of the decree nisi being in your possession. This document is a legal proof to the end of your marriage.    

The Grounds for Divorce

There are basically five grounds for obtaining a divorce. This in no particular order includes: adultery, desertion, unreasonable behaviour, not living together for a period exceeding two years and not living together for a period exceeding five years. In the case of the fourth ground (not living together for a period exceeding two years) your spouse will need to confirm this in writing.    

Getting Legal Assistance

Although many people seeking to divorce make use of a solicitor to assist with part of this process or all of it, but this should not always be the case in situations where matters are barefaced or plain. Also, divorce proceedings do not need to turn into a battle-field and going to court may not be required in sorting out how your assets should be split since this can be resolved through the collaborative process (http://www.resolution.org.uk/editorial.asp?page_id=53) without getting the law courts involved.   

However, it is possible to get mediation (http://www.familymediationcouncil.org.uk/) to assist you in working out an agreement with your spouse regarding children, property or money. Also, legal aid (https://www.gov.uk/legal-aid) is available in paying for mediation.

 

Closing Thoughts

To get additional information regarding the steps involved in the divorce process please visit GOV.UK (https://www.gov.uk/divorce). Now if you are already in the process of a divorce you may need to take time out to process all that you and your family are going through to help you know what the next step to take is.

Divorce indeed can be a difficult process for all concerned, but allowing your emotions to always get the better of you is not in the best interest of yourself and other(s) involved (especially the children). Stay strong and remain focused!