Modern divorce

Unfortunately every year some 120,000 couples file for divorce, with England having the highest divorce rate in the EU. In 2010 it hit its highest point with 133,499, figures fell somewhat after this reportedly due to a smaller married population and leaving marriage till later in life.

A less common option is a Judicial Separation which is usually where there are religious objections, the court retains the power to recognise that a couple no longer has a legal duty to live together but all legalities and financials of the split can be arranged. The only difference to a regular divorce means that neither party can not remarry nor can their pension entitlements be divided.

We hear a lot about quickie divorces, however a couple has to be married in the UK for at least a year to apply and each case require a ground or reason for the divorce. These reasons have to be fact and provable in a court of law.

Once an agreement that there is no retrievable way to save the marriage is made to the court an application can be offered.  This is called a Petition and the spouse who sends the Petition is called the Petitioner. The other spouse is then called the Respondent. It is at this point when an explanation of why a divorce is necessary is required.
The UK law accepts the following grounds that can be used for divorce:

•    Unreasonable behaviour
When a spouse has behaved in a manner that is believed to be unacceptable, to the point of making living together unbearable. Allegations would need to be backed up with facts and can range all ends of the spectrum. Obviously any violent and abusive behaviour is one degree of the scale but also divorce can be granted for lack of common interests, the perusal of individual lifestyle or even for being a workaholic.

•    Adultery
When sufficient circumstantial evidence that your spouse has had sexual intercourse with another person of the opposite sex, and if you file for divorce within six months of becoming aware of the situation, unless the adultery is continuing, adultery can used for grounds for divorce. If you know that some sort of affair is taking place, short of sexual liaisons, unreasonable behaviour can be used instead, making living together intolerable.

•    Desertion
Where your husband or wife has deserted you for a continuous period of at least two years and given no good reason or agreement to do so.

•    Separation – Either Two years’ or Five years’ separation
This is often referred to as a no-fault divorce. If an amicable decision by both parties is agreed to after at least two years separation, a divorce can be consented.
However if one of the couple does not agree to the idea, five years of separation is required to then take matters into ones own hands and the courts will consent that a reasonable time to try to reconcile the situation has been made.

If you are unsure or need advice about the law regarding divorce, contact Kiteleys who will offer a  friendly and sympathetic ear when you need it most.