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What Is the Law for Divorce in England and Wales?

What Is the Law for Divorce in England and Wales?

Every country is different and, therefore, has its own laws when it comes to legal proceedings such as divorce. In this post, we’ll discuss the laws and requirements for getting a divorce in England and Wales. Although a large percentage of couples enjoy long and happy marriages, there are still many who opt for divorce. A marriage is a legally binding contract, which means it can’t simply be dissolved as soon as a relationship breaks down. To successfully file for divorce, there are certain requirements that need to be met: some require a minimum period of separation, while others can lead to an immediate divorce. Below, we provide all the need-to-know information about getting a divorce in England and Wales. Check if You Can Get a Divorce First of all, you will need to establish whether or not you can apply to get a divorce. To do so, you will need to meet the following requirements:   You can get a divorce in England or Wales if the marriage has lasted for at least a year and your relationship has completely broken down, with no chance of reconciliation. Your marriage must be legally recognised in the UK, which includes same-sex marriages. You must also have a permanent residence in England or Wales. If you don’t want to get a divorce, but you do want to end the relationship, you can opt for a legal separation, which allows you to go your separate ways, but remain married. This is often done for religious reasons because a couple wants to trial a separation, or to maintain pension programmes. You may also...
A Guide to Divorce Where Domestic Abuse Is Present

A Guide to Divorce Where Domestic Abuse Is Present

No matter how much a marriage has broken down, there’s never an excuse for domestic abuse of any kind. Unfortunately, it’s something that occurs far too often within marriages. In this post, we’ll provide a guide to divorce where domestic violence is present. If you have experienced domestic abuse at the hands of your spouse, it’s not only a sign that your marriage is toxic, but by not acting, you also put yourself (and your children) at risk of suffering further abuse. Fear is a tool that abusers use to control their victims, which is why many people remain in abusive relationships. The only way to permanently distance yourself from an abusive partner is to divorce them and seek further legal action. Below, we’ll discuss domestic abuse and the options available to those looking to escape a violent marriage. Prioritise Safety above All Else Before we discuss the divorce process, the first and most important thing to consider is the safety of you and your children. Protecting yourself is vital at all times and, to do so, your best option is to contact the police. If your partner is arrested for domestic abuse but refuses to leave the family home, it’s essential to find alternative accommodation until the matter is resolved. The police will also provide you with a crime number, which will be vital if you need to prove to the courts that your partner has been abusive. The police may implement a bail condition that prevents your partner from staying at the family home, although this will usually be a short-term solution. If you don’t have any...
Can Divorce Be Good for Your Health and Well-Being?

Can Divorce Be Good for Your Health and Well-Being?

For many people, a divorce is one of the most stressful and challenging situations they will experience, so it’s difficult to imagine that for others it can be very positive. But in what ways can divorce be good for you? The breakdown and subsequent end of a marriage can be sad and difficult to handle, but this isn’t always the case. For some people, the end of their marriage — despite the initial upset of their relationship ending and the stress of dividing assets — can prove to be very beneficial for their mental health and well-being. In this post, we’ll discuss the positive effects of divorce on health. Escaping a Toxic Relationship Divorce happens when a marriage has broken down to the point where it can’t be saved and, in many cases, it’s because the relationship has become hostile, abusive or toxic for one or both parties. In these situations, a divorce provides an individual with an escape and the opportunity to start over again. A stressful or abusive relationship can severely impact your mental health, as well as your overall well-being. Intense stress or abuse can not only cause psychological issues, such as depression and insomnia, but it can also lead to physical problems, such as heart conditions and high blood pressure. Leaving a bad relationship behind and putting yourself in a happier, less stressful place — both mentally and physically — will benefit your mind and body. More Time to Concentrate on Yourself Although you may have children and, of course, they will always be your top priority, getting a divorce gives you the chance to...
A Family Lawyer’s Guide to Life after Divorce

A Family Lawyer’s Guide to Life after Divorce

Have you recently got divorced? You’re probably feeling a whole host of emotions — sadness, confusion, maybe even a tinge of relief — but you don’t have to feel lost and wonder what’s next. We look at life after divorce and what you can expect as you begin the next chapter of your life. Getting a divorce is probably one of the most challenging and stressful experiences you’ll ever go through. From the messy lead-up to the divorce, where you watch as your marriage gradually breaks down, to the sometimes costly and time-consuming process of actually getting the divorce, and adjusting to life as a divorcee, it’s no surprise that it’s a difficult time. The future can look sad and bleak, especially considering that, at one point, you probably envisioned growing old with your then significant other. But life does go on. Getting a divorce can be a time of huge transformation and give you the much-needed “me-time” to let go of the past and focus on a more positive future. In this post, we’ll show you exactly what you can expect from life after divorce. Looking after Yourself Arranging how you and your ex will look after your children, splitting your belongings and dividing joint assets aside, the biggest impact of divorce on those dealing with it is emotional. It’s crucial to look after yourself. Accept the Emotions While we all hear how “as one door closes, another opens”, that doesn’t offer a huge amount of comfort on a lonely night. The end of a relationship involves a grieving process before you can begin to heal. Life after...
Can You Get a Divorce without Consent?

Can You Get a Divorce without Consent?

Not all break-ups are amicable. If your marriage has broken down and you’re looking to get a divorce, do you necessarily need consent from your partner? We answer this question. Divorce cannot only be a time-consuming and costly process, but it can be incredibly stressful too. A divorce is the closing of a significant chapter of your life and it might be one that you want over as quickly as possible so that you can move on with your life. But if you’re not on good terms with your partner or, for whatever reason, your partner won’t sign the papers, can you get a divorce without consent? In this blog post, we look at what you can do. The Grounds for Divorce Before we look at divorce without consent, we first need to look at the grounds for divorce. In England and Wales, there is just one basic ground for divorce: that the marriage has irretrievably broken down. When issuing a divorce against your spouse, you need to prove one of five facts: Adultery Unreasonable behaviour Desertion Two years separation with consent Five years separation without consent Out of these five instances, only one of them actually requires consent and the clue is in its name — two years separation with consent. Contrary to what you might think, you do not actually need consent from your spouse to divorce if you’re relying on any one of the other four facts. The Process of Getting a Divorce without Consent The process of getting divorced is largely administrative. After deciding the grounds on which you want the divorce, you’ll need to...
How Soon Can I Divorce After Separation?

How Soon Can I Divorce After Separation?

Legally separating from your partner is an option that many individuals aren’t familiar with. When the end goal is a divorce — is there any point? We look at separation and how it can actually speed up the process of a divorce, leaving you paying less and allowing you to move on with your life. If you’ve been living apart from your ex-partner for some time and have been left asking yourself “how soon can I divorce after separation?”, you’re in the right place. Unfortunately, the answer isn’t always clear. In this post, we talk you through the difference between separation and legal separation, and how having a Separation Agreement in place can actually help you get divorced more quickly and easily later on. Separation and Legal Separation: Is There a Difference? Before we delve into separation agreements and the process of divorce, it’s important to first understand the difference between separation and legal separation. Any individual might separate from their spouse — if you and your ex have mutually agreed that you are no longer a couple, you’ll probably inform your friends and family that you’re now “separated”. If you remain on good terms with your spouse, you’ve likely already decided arrangements between you without involving a solicitor. Consider legal separation as a step between mutual separation and a legally binding divorce. Getting a legal separation isn’t necessary, but it does allow you to agree on issues that could cause a dispute if you do get divorced later down the line, including children, assets or finances. Whether you’re only separating on a trial basis or simply want to...