If you’re thinking about filing for divorce in the UK, it’s important to understand that you’ll need to transparently explain and prove why the marriage has failed. People typically discuss what are the grounds for divorce in the UK when filing the divorce petition.
However, from a broader perspective, according to English Common Law, the only way to obtain a final divorce order is to prove that your marriage has indeed broken down. The causes behind why the marriage has failed must be recounted and explained.
Legal Grounds for Divorce in the UK
In the UK, there are certain grounds that lead to divorce and they are explained below.
Adultery
Adultery is basically the voluntary sexual activity between a married person and someone who is not their spouse. In the UK, adultery can be used by people as a ground for divorce rules. The simple reason is that it is intolerable for both people to live together once adultery is committed.
However, you must remember that to file for divorce based on adultery, you need to provide evidence of adultery. This can be in the form of a confession from the spouse as well.
However, it is just as vital to know that if one spouse has been unfaithful and cheated on the spouse by being involved in sexual activities with a member of the “same-sex”, this will not be looked upon as adultery and cannot be a reason for divorce. This activity will instead be labelled as “unreasonable behaviour”.
Unreasonable Behaviour
This one refers to the kind of behaviour done by one spouse that makes it impossible for the other spouse to live with them. Examples can include, domestic violence, excessive drinking or drug use, emotional neglect and more. To file a divorce, you have to provide specific examples of unreasonable behaviour in divorce and show how it made it impossible for you to live with them.
Desertion
Here, one spouse might leave the other without any consent or valid reason. It is done basically to end the relationship. To file a divorce, the desertion must last for at least two years before that. You might have to prove that it was intentional and happened for two long years. Present someone as a witness to prove your side of the story.
Two Years’ Separation with Consent
This ground for divorce needs that both spouses have lived away for at least two years. They must both agree to the divorce and here, separation means moving apart in different homes. To file a divorce, you need a written agreement from both of them.
Five Years’ Separation without Consent
This ground applies when the spouses have lived away for a minimum of five years. This ground can work even if one spouse has not agreed to divorce. You can file for the divorce and you may not need the respondent’s consent.
Common Reasons for Divorce
Some of the common reasons to divorce include lack of communication, infidelity, incompatibility, abuse and more. These reasons often make it easy to file a divorce. Basic examples of causes of divorce in the UK may include adultery, and abuse or severe financial issues under unreasonable behaviour.
The Divorce Process in the UK
Here are the two ways you can go while filing a divorce in the UK. Read them carefully and make sure to get every documentation right.
For Couples Who Jointly Apply for Divorce in the UK
Upon filing and submitting your divorce Form D8, your petition will be reviewed. If the court finds it reasonable, both the husband and the wife will be sent the following:
- File a Form D8 for Divorce: Submit your divorce application.
- Wait 20 Weeks: After 20 weeks, both the husband and wife can file for a conditional order.
- Apply for the Final Order: After six weeks from the conditional order, apply for the final order.
After that, you will be asked to wait at least 20 weeks for the case to proceed. After 20 weeks both the husband and wife can file for a conditional order.
Applying for Divorce as a Sole Petitioner
After submitting your form, it will be reviewed. If found valid, you will be sent the following:
- Submit Your Application: It will be reviewed and a notice will be sent to you.
- Notification to Spouse: A copy of the divorce application will also be sent to your spouse pending acknowledgment.
- Respond within 14 Days: The non-petitioning spouse has 14 days to respond and can either agree or file a dispute.
- Wait 20 Weeks: Apply for a conditional order after 20 weeks.
- Apply for the Final Order: After six weeks from the conditional order, apply for the final order.
You must have all the legal documents such as divorce petition, response form, application for decree nisi and decree absolute. The procedure for divorce takes several months to over a year to complete.
Recent Changes in the Process of Divorce Procedure
As of April 2022, the UK allows no-fault divorces. This means you do not need to prove that the marriage has broken down due to one of the specific grounds like adultery or unreasonable behaviour. Instead, you only need to state that the marriage has irretrievably broken down. Some of the recent changes are:
- Sole or Joint Application: Either party or both jointly can apply for a divorce.
- No Requirement to Prove Fault: There’s no need to provide evidence of one party being at fault.
- A minimum period of 20 weeks from the start of proceedings to the conditional order (previously called the decree nisi) and another six weeks from the conditional order to the final order (previously called the decree absolute).
Practical Advice for Individuals Considering Divorce
Carefully follow these tips to prepare better for the divorce:
- Firstly, assess your financial situation, separate finances and gather all the financial documents
- Don’t forget to consult with a solicitor to understand your rights and obligation
- Always seek emotional support from friends, family, or professional counsellors
Various support services, including legal aid, counselling services, and support groups, are available to help individuals through the divorce process.
Who will care for and support children?
Amid all these new changes and difficult times, children are the ones who suffer the most. Here are a few things you must know to take care of them.
In the UK, child custody arrangements are made based on the child’s best interests. Parents can surely agree on arrangements or the court can decide if they can’t.
There are two types of custody:
- Joint custody: Here, both parents have shared responsibilities
- Sole custody: One parent has main responsibility, and the other may have only visitation rights
Court considers factors like the child’s age, health, emotional ties, and each parent’s ability to care for the child. They also look at financial support arrangements, including child maintenance. These are determined on the basis of the parent’s income and the child’s needs.
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FAQs About Grounds for Divorce
How to start divorce proceedings?
To start divorce proceedings in the UK:
- Ensure Eligibility: You must be married for at least one year.
- Choose Grounds for Divorce in England: Select the appropriate legal ground for divorce.
- Complete the Divorce Petition: Fill out the application for a divorce, known as a D8 form.
- File the Petition: Submit the full petition to the court, along with the required fee.
- Serve the Petition: The court will send the petition to your spouse, who will then have to respond.
How long does divorce take in the UK?
The duration of a divorce in the UK varies, but typically:
An uncontested divorce usually takes 4 to 6 months from the filing of the petition to the final decree absolute. Contested divorces or those involving complex financial or custody issues can take significantly longer, often over a year.
How to get a quick divorce?
To expedite the divorce process:
- Mutual Agreement: Ensure both parties agree on the divorce and its terms.
- Correct Filing: Submit all required documents correctly and promptly.
- Respond Promptly: Both parties should respond to court requests without delay.
- Consider Mediation: Use mediation to resolve disputes outside of court.
- Simplified Procedure: Opt for a simplified divorce procedure if applicable.
Can my husband divorce me without my consent in the UK?
Yes, your husband can divorce you without your consent. Grounds such as unreasonable behaviour or five years’ separation allow one spouse to file for divorce even if the other does not agree. However, the non-consenting spouse can contest the grounds cited.
How long do you have to be separated before divorce?
Two Years’ Separation with Consent: Both parties must consent to the divorce after two years of living apart.
Five Years’ Separation without Consent: A spouse can file for divorce after five years of separation without the other spouse’s consent.
How do you file for divorce?
- Fill Out the D8 Form: Complete the divorce application form.
- Choose the Correct Grounds: Select the legal ground for divorce.
- Submit the Petition: File the completed form and pay the filing fee at your local family court.
- Serve the Papers: The court sends the petition to your spouse, who must acknowledge receipt.
Can I use no-fault as a ground for divorce?
Yes, as of April 2022, the UK allows no-fault divorce. You do not need to prove fault or wrongdoing. Instead, you can simply state that the marriage has irretrievably broken down.
Is no intimacy grounds for divorce?
Lack of intimacy can fall under unreasonable behaviour. If one spouse’s refusal to engage in sexual relations makes it unreasonable for the other to continue living with them, it can be cited as grounds for divorce.
What proof do I need to prove adultery?
Evidence for adultery can include:
- Confession: A written admission of adultery from your spouse.
- Witness Statements: Testimonies from individuals who have witnessed adultery.
- Circumstantial Evidence: Proof that your spouse had the opportunity and inclination to commit adultery, such as hotel receipts, text messages, or photographs.
Do you need a reason to divorce in 2024?
As of 2022, you no longer need to provide a specific reason for the divorce beyond stating that the marriage has completely broken down. This no-fault divorce system simplifies the process and reduces conflict between parties.
