Can I get a divorce?

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Are you thinking about getting a divorce? Have you been married at least one year? Has your relationship completely broken down permanently? Is your marriage legally recognised in the UK? Are you a permanent UK resident? If your answer is yes to all of these, then you can proceed for a divorce.

 

There are three main steps to getting a divorce. These are as follows:-

 

  • First, file a divorce petition. You have to apply to the court for permission to divorce. You must also show reasons as to why you wish your marriage to end.
  • You must then apply for a decree nisi. If your spouse agrees to the divorce petition, you will receive a document stating that there is no reason why you cannot divorce.
  • You must then apply for a decree absolute. This then legally ends your marriage. This cannot be applied for until after six weeks of receiving the decree nisi.

 

As mentioned above, you must show that there are reasons as to why you wish to have a divorce. These are called the ‘Grounds’ for divorce. There are five grounds for divorce. These are:-

 

  • Adultery – your husband/wife has had sex with someone of the opposite sex, and you cannot bear to live with them anymore. If you found out about the adultery then continued to live with your partner for 6 months +, then you cannot use adultery as a ground.
  • Unreasonable behaviour – such bad behaviour by your husband/wife that you cannot bear to live with them anymore. This includes verbal abuse, insults and threats, physical violence, drunk-ness, drug-taking, refusing to pay towards the housekeeping.
  • Desertion – your husband/wife has left you without your consent a good reason, to end your relationship or for more than two years in the past two and a half years.
  • Living apart – if you have lived apart for over two years and both agree to the divorce in writing then this is acceptable grounds to divorce. Over five years is also grounds for divorce, even if your husband/wife disagrees with the divorce.

 

A solicitor can go over divorce proceedings with you, which proves easier and less stressful, or you can arrange your own divorce without involving solicitors if you and your partner agree on the reasons for divorce, how children are to be looked after and how money/property and possessions will be split.

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