What Are the Divorce Laws in England?
Divorces in the United Kingdom can take as little as 16 weeks if there is no problem with documentation and each side cooperates. However, before filing for a divorce it is important to understand there are certain laws regarding divorce in the United Kingdom. Before visiting a solicitor, know the basics of divorce law in the United Kingdom.
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Grounds
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Most people know from watching celebrity divorces unfold on television that people often cite the same reason for divorce. Much like "creative differences" when a band breaks up, many people filing for divorce cite "irreconcilable differences." There are actually five different grounds for a divorce, and a couple must fall into one of the categories before pursuing a divorce.
Adultery
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One of the five grounds for divorce in the United Kingdom is adultery. Adultery is when one of the spouses, or both, have an extramarital affair. Unlike some of the other grounds, adultery relates to unreasonable behavior and allows for an instant divorce to occur instead of extended trials. A divorce can only be on grounds of adultery when it actually occurs and there must be evidence. If a divorce is going to be based on adultery, it must be filed within six months of discovering the adultery.
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Unreasonable Behavior
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Unreasonable behavior applies to all areas of divorce. It is the most common reason behind divorces because it is so broad. Unlike filing for desertion or separation with consent, unreasonable behavior allows for a quick divorce. This is for situations in which there was no adultery. In a nutshell, most people who cite unreasonable behavior cannot stand to be married a second longer for a variety of reasons: spouses may argue constantly, have little or nothing in common, or no longer love each other.
Desertion and Separation
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All divorces filed with desertion, two years separation with consent, and five years separation with consent take time because the couple is apart for awhile before proceeding with the divorce. These divorces take no less than two years. After the designated period of time, the couple can file for a decree, but it can be refused if either person opposes the divorce.
Filing and Service
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To obtain a divorce in the United Kingdom both parties must file certain forms and documents to have the divorce granted. First one party must file for a petition that includes arrangements for any children under 16. After submission, the court will look at all documents and make sure all requirements are met. The divorce will be issued to the Respondent (spouse who did not file for divorce).
Acknowledge and Confirming
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The Respondent must return a signed Statement of Arrangements and Acknowledgment to the courts within 28 days of issuance. The signed agreement and an Affidavit are given to the Petitioner (spouse who filed) and all information must be verified as factual by the Petitioner. Once this is sent back to the courts, a Decree Nisi must be granted upon approval of divorce. Six weeks and one day after the Decree Nisi is granted, the Petitioner must apply for a Decree Absolute. After this is approved the divorce is finalized.
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