What happens when your marriage is over?

It’s never an easy decision but if you’re certain that you want to end your marriage on a permanent basis, then you will need to get a divorce. It is possible to obtain a legal separation should one or both decide that they don’t wish to have a divorce, for cultural or religious reasons.

Before getting a divorce, both parties will need to decide how any money will be divided, what happens to the family home and if there are children, where they should live.

Waiting periods and the cost of divorce

Anyone married for less than a year must wait until one year has passed before seeking a divorce, although a legal separation is still possible. A separation agreement can be sought in the time spent waiting for a divorce. This is a legal document outlining the details of how the separation is to take place.

The process of getting a divorce starts with a fee of £550, payable when sending off the petition for divorce. The process requires that it is shown that the marriage has ‘irretrievably broken down’ and that there is no way to get through the problems and stay together. If you need advice and assistance with the legal side of a stressful marriage breakdown, contact a Gloucester Solicitor like deeandgriffin.co.uk/

The five grounds for divorce

There are 5 reasons to choose from, known as ‘grounds’ for divorce:

One party has committed adultery

One has behaved unreasonably

A partner has left (desertion) and the couple have lived apart for at least 2 years

Couple have lived apart for at least 2 years and both agree to the divorce

Lived apart for at least 5 years, agreement on divorce or not

Legal separation and annulment

Legal Separation

This can also be called a judicial separation and is a method of separating without a divorce. You can do this if you’ve been married for less than a year. It allows both parties to detail formal decisions about issues like finances and property. Some people choose this form of separation if they don’t wish to divorce due to religious or cultural reasons. Should the couple wish to divorce at a later date, this is still possible.

Annulment

Should a marriage be deemed not legal in the first place, it can be annulled. A marriage might not be legal in the UK if one party was already married or in a civil partnership, a person didn’t properly give their consent (were forced or drunk) for example or the marriage was never consummated. Under these circumstances, it is possible to seek an annulment of the marriage, which costs the same as a divorce.

 

 

Summary

This article explains what happens when a marriage ends in the UK. It covers deciding how money, the family home and children will be arranged, the one-year wait before a divorce can be sought, the £550 petition fee, the five recognised grounds for divorce, and the alternatives of legal separation, available within the first year, or annulment where a marriage was never legally valid.

Questions this article raises

• How has the £550 divorce petition fee changed since this was written?
• How long does the full divorce process typically take from start to finish?
• What evidence is needed to prove unreasonable behaviour as grounds for divorce?