In this article
*Important*
Divorce legislation has recently been updated. Please click here for the updated information regarding divorce.
Taking that first step to starting a divorce can be exhilarating and terrifying, all at the same time. Thankfully though, the process doesn’t need to be complicated, especially if you’ve got a solicitor on side.
With divorce rates higher than they have ever been, there’s no shortage of free divorce advice online. However, many guides fail to take into account the basics. This article explores what criteria you need to meet before you can actually start the process of divorce, rather than the divorce process itself.
While we use the term divorce, the same criteria apply whether you are ending a civil partnership, or looking to get legally separated.
The basics of divorce
While everyone can get divorced, many people don’t know that there are criteria in place that can prevent you from kicking off a divorce right there and then.
First and foremost, you’ve got to be married for at least one year before you or your spouse can start divorce proceedings. Why? Lawmakers deem that you need to have had a suitable time to make your marriage work, which is one year. Unfortunately there isn’t any way around this unless you can prove that the marriage didn’t take place properly and you can get it annulled. But that’s a whole different topic.
Second, once you’ve been married for a year, you’ll need to show that you are a habitual resident of the UK or domiciled here. This typically means you’ll need to prove you have lived in the UK for at least 1-3 months prior to starting divorce proceedings, or that you are a taxpayer here.
If you can tick both these boxes, you can begin divorce proceedings as long as you have valid grounds.
What are the grounds for starting divorce proceedings?
If you watch enough TV soaps, read enough gossip columns, or have simply been exposed to mainstream media in any way, shape, or form, you’ll probably have heard of marriages breaking down due to ‘irreconcilable differences’. And when we ask our clients what the reason for their divorce is, many cite this reason, which is understandable.
The truth is, today, you don’t need a specific reason to file a divorce. To begin divorce proceedings, you must simply produce a statement of irretrievable breakdown. In essence, this is a declaration that you believe the marriage is not working and divorce is the only solution.
Where as before you had to cite one of five grounds for divorce, the process nowadays is a lot simpler. A joint application is possible too, allowing for a much for amicable process.
Whenever we carry out a divorce, we’ll advise you on the facts and draft the divorce petition for you before getting your approval. If you’re still on speaking terms with your spouse, we also advise that you send a copy to them before filing the petition so they can express any concerns about it.
What if children are involved?
If you and your spouse reach an agreement about the arrangements for your children then the court will not need to get involved and make any orders.
If you cannot agree on the arrangements relating to the children, either of you can make an application to the court. This should be a last resort and you should try to resolve any issues through negotiation or mediation.
What about family finances?
When a divorce petition has been filed at court, either party can apply for financial orders. The orders available in financial remedy proceedings include the following:
- Periodical payments (also known as maintenance)
- Lump sum orders
- Property adjustment orders (i.e. altering the ownership of the property)
- Pension sharing orders and pension attachment orders.
Britton and Time lawyers will send separate advice detailing how the court determines financial provision on divorce if you indicate you wish to proceed with divorce proceedings.
Why contact our divorce solicitors?
If you need a divorce lawyer in Brighton and Hove, then click here to contact us now or call 24 hours a day, 7 days a week on 020 3007 5500 to speak to one of our divorce lawyers. We are also able to give independent legal advice on any financial remedy consent orders reached.
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