Getting a divorce can be a lengthy process, and you will want to go into it being as knowledgeable as you can about it. The length and complexity of your divorce all come down to your individual case, so it can vary massively. If you and your ex-partner agree on all of the terms of the divorce, it will be quick and easy. On the other hand, if you and your ex-partner cannot agree, then the divorce will be a longer and harder process. Either way, it is recommended that you get help from divorce solicitors in Weybridge to legally protect yourself during this time.
Am I eligible to apply for a divorce?
In order to apply for a divorce, there are a few criteria that need to be met in terms of the details of your marriage. Firstly, you can only get a divorce if you’ve been married to your spouse for over a year. Secondly, it’s vital that your marriage is legally recognised in the United Kingdom in order to get a divorce. Thirdly, you will need to be sure that your relationship has permanently broken down. Lastly, it is important that either one or both of you permanently live in the UK.
If you can’t/don’t want to get a divorce yet but still don’t want to live with your ex-partner, you can get a legal separation which enables you to legally do this. This is helpful if you can’t afford a divorce yet or want to try and agree with your partner first before applying for one.
Reasons for wanting the divorce
If the time comes and you want to file for a divorce, you will need to state the reasons why. There are 5 main ‘facts’ that they will provide you with on the application, and you will need to choose the ones that relate to your marriage in order to get approval for the divorce.
Desertion
Desertion is when your husband or wife has left you for no good reason or without your consent. To apply for a divorce or any kind of petition, your ex-partner would have had to have left you for at least 2 whole years before applying.
Separated for at least 2 years
If you and your ex-partner have been separated for at least 2 years, you can file for your divorce more easily. It is vital that both parties agree that you have been separated for this amount of time in order to apply.
Spent at least 5 years separated
Another option to choose from that allows you to file for a divorce is if you and your partner have been separated for 5 years. When this is the case, you won’t need to get an agreement from the other party because you haven’t been together for a long period of time.
Adultery
Adultery is when your spouse has had sexual relations with someone else. This can be really heartbreaking, so is a very valid reason to apply for a divorce. If you have continued to live with your partner for more than 6 months after you found out, this will not be considered as a viable reason to get a divorce.
Unreasonable behaviour
The last reason to choose from when applying for a divorce is if your ex-partner has acted in such a way that means you cannot live with them or be in a marriage with them anymore. This includes things like physical/verbal abuse, drug/alcohol abuse and refusing to pay shared expenses.