For an initial consultation about divorce call the Divorce Solicitors at Connaught Law on 0203 909 8399 or complete our inquiry form online.
You can get a divorce if you have been married at least a year and your relationship has permanently broken with your partner.
To apply for a divorce you must have a marriage that’s legally recognised in the UK including same-sex marriage also called civil partnerships.
At Connaught Law, our family law solicitors can provide you with expert guidance on divorce and legal matters relating to a divorce proceeding. To get an expert opinion to contact our divorce lawyers today.
Grounds for divorce
If you want to apply for divorce, you will have to show the court that your relationship has ‘irretrievably’ broken down. You’ll need to give one of the following 5 reasons.
- Adultery – your husband or wife has had intercourse with someone of the opposite sex and as a result, you no longer wish to be with them. UK law does not recognise homosexual as adultery.
- Unreasonable behaviour – this could involve mental or physical cruelty or abuse. It could also involve a lack of care in money matters, drunkenness, or drug taking.
- Agreed separation – you and your spouse have lived separately for two years and you both agree to dissolve the union.
- Non-unanimous separation – in cases where your spouse does not agree to the divorce, you must have lived apart for five years or more
- Desertion – your partner has deserted you. To dissolve the marriage, you must have been living apart for two years or more. This can be difficult to prove, as the court may not view the absence of your partner as desertion, depending on their signalled intention.
There are three main steps in divorce proceedings:
- File for divorce – you must seek permission from the UK law courts to divorce. The success of your petition depends on the reasons you give for wanting to dissolve the marriage.
- Obtain a decree nisi – if your husband or wife gives consent to the dissolution and signs the necessary papers, you may receive a document authorising the divorce process.
- Obtain a decree absolute – this dissolves your marriage in law. After you receive the decree nisi, you must wait for six weeks before applying for the decree absolute.
Legal issues in getting a divorce
You may face some legal issues during divorce proceedings include the following:
- Division of Property
- Spousal Maintenance
- Savings and Pensions
If you are the main breadwinner in your marriage, you may need to continue providing financial support to your spouse before reaching any final agreement. This may include continuing to pay bills even if you have left the home you once shared.
Call our divorce law solicitors for initial consultation on 0203 909 8399 or complete our enquiry form online to get a callback.
On the other hand, if you depend financially on your spouse, you should ask for suitable financial support. If your spouse refuses, you can apply for an interim financial order from the court. This will require them to meet your financial needs until you reach a final agreement.
It is important that both parties fully disclose their respective financial positions during divorce proceedings. If you suspect that your spouse is hiding assets to avoid splitting them with you as part of your divorce, it is highly advisable that you contact an experienced family lawyer.
In the UK, divorce proceedings are wholly distinct from those related to disputes regarding the care and support of any children from the marriage. Yet the issues of custody, access and support can still be raised during divorce proceedings. A skilled family solicitor will be able to help you if you are facing such problems.
Visa status after divorce
If you’re in the UK as a dependant on your partner’s visa, you’ll lose your visa status once your divorce is made final.
You’ll need to check whether you can stay in the UK long term. You might need to apply for a new visa if you get divorced. If you don’t have the right to stay in the UK you might have to leave. Find out more about how to stay in the UK after a divorce.
We are able to assign specialist divorce lawyers to your case who will have a great deal of skill and experience in this area of law. So, whether you suspect your spouse of hiding assets, or you just want a mediator to help reach the fairest settlement, reach out to Connaught Law today.
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