Divorce can be a very trying time. There is a lot of stress on your part, especially when it comes to your family. However, with the help of family law solicitors in London, you will emerge out of the divorce proceedings in the best position possible.
The first step is being knowledgeable of the conditions for divorce. To aid you in this matter, we have outlined for you the prerequisites for divorce in England and Wales.
Qualification for Divorce in England and Wales
You are eligible for divorce in England and Wales if you meet the following:
- Your marriage has gone beyond 12 months
- You recognize England or Wales as your permanent home, or are domiciled in England or Wales as expatriates
Please be advised that elsewhere in the UK, especially Scotland and Northern Ireland, divorce has different rules. You may refer to the UK government website for divorce rules in those constituent countries.
Grounds for Divorce in England and Wales
Family solicitors in Bristol can guide you in the filing of your divorce. Below are the grounds for divorce in England and Wales:
Adultery is defined in English law as sexual intercourse between a man and woman. However, if you only found out about the intercourse after six months, you can’t cite divorce as a reason.
- Unreasonable Behaviour
If your spouse has behaved in a way incompatible with you, it is used as grounds for divorce. Conditions include physical violence, verbal abuse, and drunken behaviour.
Desertion is when your spouse has left you without agreement, without good reason, end relationship, more than two years in the past two and a half years. You could claim desertion if you have lived as one for up to six months.
- Separation Length
If you and your spouse have been separated for more than two years and are agreeable to the divorce, both of you can apply for divorce. Both of you should agree in writing. On the other hand, if you have been separated for at least five years, you can apply for divorce even if your spouse disagrees.
Things to Do Before Applying
As you and your spouse go about your divorce, you need to work out the following between you and your spouse:
– The arrangements for looking after your children
– The child maintenance payments for your children
– The division of money and property
If you have an amicable conversation with your spouse on these arrangements, the divorce will be easier to facilitate.
Divorce Application Requirements
You will need the following documents in your application for divorce:
- Your spouse’s full name and address
- Your original or certified copy of your marriage certificate. If the document is not in English, you need a certified translation.
- Proof of name change since marriage (e.g., marriage certificate or deed poll).
Getting a divorce is a crucial matter. However, you will handily survive it — and benefit from it — by hiring knowledgeable solicitors who have extensive experience in the arena. Being experts in many fields, including media law, they know what it takes to put their client in the most favourable post-divorce position. Consult with your local solicitor now and carve out the best divorce deal!