The UK's divorce law explained - divorce help and advice

What does the law say about getting a divorce in the UK?

Campaigners have been pushing for the introduction of no-fault divorces in the UK to allow couples to split up without casting blame.

But currently these types of divorces are not allowed in Britain.

Most divorces are uncontested, as both parties agree the marriage has broken down, even if one doesn't want a divorce.

In some rare cases, a divorce can be refused.

How long do you have to be married before you can divorce?

In England and Wales a couple must be married for a year before they can divorce. A petition for divorce is filed at court and proceedings then begin.

What do you have to prove to get a divorce?

In England and Wales, the party petitioning for divorce must prove the marriage has irretrievably broken down. There are five ways to prove this:

1. Adultery
2. Unreasonable behaviour
3. Desertion
4. Two years of separation with consent
5. Five years of separation without consent

If your spouse has committed adultery, by having sexual intercourse with another person, then you can file for divorce.

If you have had an affair, you cannot use that as the grounds for divorce, but you might choose to cite unreasonable behaviour.

Unreasonable behaviour is the most common explanation given in divorce proceedings. Solicitors recommend these grounds are agreed to before they are filed.

To divorce following a separation, both parties must be in agreement after two years. One can file without the consent of the other if the couple has been apart for five years.

If a partner has been deserted for two years, that is also grounds for divorce.

How can a divorce be refused?

According to the Coop, divorces are rarely refused in England and Wales.

They can be on the basis that one party in the marriage refuses a divorce, if other conditions are not met. It may be refused if one person says it will cause them grave hardship, like financial difficulties.

It can also be refused if a judge does not believe that the facts laid out show the marriage has irretrievably broken down.

How can a divorce be granted?

If the first attempts are not successful, the petitioner will be able to file for divorce after five years' separation without consent of the partner involved.

What about Scotland?

In Scotland, couples can carry out a DIY divorce to ensure a quick end to the marriage.

It's available to couples without any children under the age of 16, who can agree between themselves how to handle their assets. They must simply fill out a form from the sheriff's office and file the paperwork.

Those with children under the age of 16 must go through an ordinary divorce, which might be defended or undefended.

Solicitors can help those in an undefended divorce to draw up paperwork and file it with the court. Any problems over assets or children have to be resolved before it goes to court.

If the couple wants to have a defended divorce, they will take the disputes to a sheriff court.

What are the grounds for divorce in Scotland?

In Scotland, they are similar, but with some shorter terms:

1. Adultery
2. Unreasonable behaviour
3. Living apart for one year (with consent)
4. Living apart two years (without consent)
5. Gender change

The courts in Scotland only require you to show you have been living apart for one year, and both agree, to approve a divorce. The applicant must show two years if the other person doesn't agree to the divorce.

Another difference in Scotland is its position on gender reassignment. The possession by one partner of an interim gender recognition certificate means they can use this as grounds for divorce.

Divorce law in Northern Ireland

In Northern Ireland, the five reasons for grounds to divorce are the same as they are in England and Wales.

Judges may hear cases in court if there are disputes over any of the facts or if there is a defence of the divorce.

What would no fault divorces mean?

If no fault divorces are brought in, couples will be allowed to file for divorce without one partner taking blame for the marriage breaking down.

It will allow couples to simply say the marriage doesn't work, and they no longer wish to be wed.

Source: skynews.com