Ending a marriage
Divorce
A divorce cannot be applied for until the
couple have been married for at least one
year. There are no exceptions to this rule.
To get divorced in England and Wales, the
marriage must be recognised as valid by
United Kingdom law and one of the partners
must:-
be living in England or Wales when the
divorce is applied for
have been living in England or Wales during
the year before the application is made.
If neither partner objects to the divorce it
is called an undefended divorce. This is
dealt with by a straightforward procedure
which does not necessarily require the use
of a solicitor. If one of the partners does
not agree to the divorce, it is called a
defended divorce and will require the help
of a solicitor.
A divorce will be granted by the divorce
county court if one or both of the partners
can show that the marriage no longer exists.
Legally, this is known as the irretrievable
breakdown of the marriage. For a marriage to
have irretrievably broken down, one of the
following must be proved:-
- Adultery;
- Unreasonable Behaviour;
- Desertion;
- Two Years Separation With Consent.