Divorce – Overview
In order to apply for a divorce you must have entered into a legally recognised marriage and have been married for at least 12 months. If you were married abroad, the marriage must be legally recognised in that country. You can apply for a divorce in the UK if you can show that at least one of you is habitually resident in the UK.
Ground for Divorce
There is only one ground for divorce, that the marriage or civil partnership has irretrievably broken down. This must be proven by relying on one of five facts:
- Unreasonable behaviour
- Adultery (not available for same sex couples)
- A period of separation in excess of 2 years if both parties agree
- A period of desertion for 2 years
- Separation in excess of 5 years, where it does not matter if one party objects or not.
No Fault Divorce
A new piece of legislation is expected to come into force in 2022, which will enable couples to divorce without relying on one of the five facts. The process will be the same as the process for obtaining a divorce.
Our guide offers further information on how to apply for a divorce and the court process. Alternatively, contact one of our solicitors. Our solicitors can meet you virtually or at any of our offices to talk about your situation. Contact us today to arrange an appointment.
If you wish to obtain further information on the law relating to divorce proceedings, download the guide below.