Divorce & Separation
Going through a relationship breakdown can be stressful, especially when emotions, time, and money are stretched. As tensions can escalate, disagreements inevitably arise. However, our experienced team can provide guidance and assistance to ensure that the process is as smooth and stress-free as possible.
We understand that divorcing can impact various additional factors, including immigration status, finances, and child arrangements. We will consider all the relevant aspects of your life and ensure that our advice is tailored to your specific needs and desired outcomes.
DIVORCING IN THE UNITED KINGDOM
You can get a divorce in England or Wales if you have been married for at least a year, and your relationship has permanently broken down.
You must have a marriage that is legally recognised in the UK - this includes same-sex marriage. For your marriage or civil partnership to be recognised in the UK, you will need to ensure that you have followed the correct process according to local law in the country you got married in. If you did, then you will not need to register your marriage in the UK.
You and your spouse both should live in the UK; however, if this is not the case, we can discuss your options to see if you are eligible to apply for a divorce in the UK.
If you are not in contact with your spouse and do not know where they live, you can still apply for a divorce. However, the process is slightly different and requires additional evidence.
REASONS FOR DIVORCE?
When you apply for a divorce, you will need to prove that your marriage has broken down. You will need to give one of the following 5 reasons:
This is more commonly referred to as cheating and involves your spouse having sexual intercourse with someone else of the opposite sex. At present, the law only recognises the act of adultery as sexual intercourse between a man and a woman. You could not give adultery as a reason if you continued to live with your spouse for 6 months after you found out about the adultery.
2. Unreasonable Behaviour
This includes different behaviours that are serious enough that you cannot reasonably be expected to live with them.
Such behaviour could include:
• physical violence
• verbal abuse, such as insults or threats
• drunkenness or drug-taking
• refusing to pay for housekeeping
Desertion is where your spouse has left you without your agreement and without a good reason. Your spouse must have deserted you for more than 2 years in the past 2 and a half years. You can still claim desertion if you still lived with your spouse for up to a total of 6 months in this period.
4. You have lived apart for more than 2 years
You can apply for a divorce if you have lived apart for more than 2 years and both you and your spouse agree to the divorce. You must get your spouse's agreement in writing.
5. You have lived apart for at least 5 years
You can apply for a divorce if you have lived apart for at least 5 years, even if your spouse disagrees.
HOW LONG IS THE DIVORCE PROCESS?
The duration of the divorce process depends on the circumstances and complexity of your case and whether or not your spouse contests the petition.
There are 3 main steps to asking a court to approve your divorce paperwork:
1. You have to apply to the court to file for divorce and show why you want the marriage to end.
2. You will be granted a decree nisi if your spouse does not defend your reasons for a divorce. If they defend it, you can still apply for a decree nisi, but you will have to go to a court hearing to discuss the case.
3. You can apply for a decree absolute 6 weeks after you are granted the decree nisi. This will legally end your marriage and allow you to remarry.
These three steps typically take between 3 - 5 months.
OUR PROMISE TO YOU
LS Legal Solicitors are well versed in dealing with a variety of divorces and personal situations. We can offer a sensitive yet sensible service that will limit the stress and anxiety that a divorce can bring.
If you choose our firm for your divorce, we guarantee you a professional, hassle-free and sensitive approach to ensure a smooth transition.
Please contact our firm on 020 81 44 55 88, via email at info@LSLegaLUK.com or use the contact box to discuss your matter or make an appointment.