Divorce Law UK

November 10, 2009 · Filed Under marriage tips 

Divorce or dissolution of marriage is the final termination of a marriage, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between two persons. In most countries, divorce requires the sanction of a judge or other authority in a legal process to complete a divorce. A divorce does not declare a marriage null and void, as in an annulment, but divorce cancels the marital status of the parties, allowing them to marry another.

Divorce laws vary considerably around the world. Divorce is not permitted in some countries

What happens in a divorce? 

In order to get divorced, either the husband or wife must make an application to the Court for a Divorce. For a Divorce to be granted, the Court must be satisfied that the marriage has broken down in one of five ways, which are:-

Adultery Unreasonable behaviour Separation for 5 years. Separation for 2 years and both parties’ consent Desertion for a period of 2 years. 

Where both parties agreed to divorce, this is called an undefended divorce. A straightforward undefended divorce should proceed as follows: -

Relationship breakdown  See a Solicitor for some preliminary advice  Inform your spouse of your wish to divorce  Issue Divorce Petition  The Respondent receives the Petition from the Court  The Respondent has 7 days to Acknowledge that they have received the Petition and to consent to the divorce  Court sends the Acknowledgement back to the Petitioner  The Petitioner applies to the Court for Directions for Trial  The Court will consider the divorce papers and, if satisfied all is in order, will issue an entitlement to a decree  Court pronounces Decree Nisi  6 weeks and 1 day later the Petitioner may apply for Decree Nisi to be made Decree Absolute  Court sends the Decree Absolute  The Divorce is complete 

If the divorce is defended, there is an entirely different procedure applies within defended proceedings. This procedure is much more lengthy and costly and in the event of proceedings becoming defended, you should obtain very careful advice about this.

Greenfields are leading UK Immigration Solicitors also provide consultancy for family legal advice, Conveyancing matters and legal agreements for landlord and tenants.

 

 

 

 

 

Maryum
legal Consultant
GreenFields

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