Divorce is the process of severing a marriage between two parties permanently. If you do not want a divorce, but you want to live separately, you can get a legal separation.
You can get a divorce if you have been married for at least one year and your relationship has permanently broken down. You will have to prove that the relationship has permanently broken down. To do this, you must prove that any one of these reasons listed below is true.
(a) Adultery
Your husband or wife has sexual intercourse with someone else of the opposite sex. (note this cannot be used as a reason if you stayed together for 6 months after discovering the fact)
(b) Unreasonable behaviour
Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with them. This could include such issues as being abused (please see our section on Abuse for more information), drunkenness or drug-taking, or refusing to pay towards shared living expenses.
(c) Desertion
Your husband or wife has left you for at least two years before you apply for divorce. Note that if they had lived with you for up to six months during this period, you could still claim desertion. However, this period – up to six months will not be counted (i.e., you have lived with them for five months since you were married two years and six months ago).
(d) You have been separated for at least two years
You can apply for a divorce if you’ve been separated for at least two years. However, both parties must agree to the divorce in writing. It is possible to show that you have been separated even though you live in the same home. You will have to show that you do live as a couple despite being in the same home (e.g., sleeping and eating separately).
(e) You have been separated for at least five years
You can apply for a divorce if you’ve been separated for at least five years before applying, even if your partner disagrees.
3. your marriage is legally recognised in the UK (inclusive of same-sex marriages);
4. the UK is your permanent home or the permanent home of your partner.
Before your application
Before you send in your application, you and your husband or wife can choose to work out:
arrangements for looking after any children along with arrangements for child maintenance payments.
You can also divide your money and property. There’s a deadline if you want to make this legally binding. You can usually avoid going to court hearings if you agree about children, money and property and the reasons for ending your marriage.
Get help agreeing on issues
Lestons can help draft an agreement so that both parties can seek a fair solution.
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