When you and your spouse walked down the aisle, you probably never thought that it might end in divorce.
However, human relationships can be complicated, with as many as 42% of all first-time marriages ending in divorce, with the number increasing with each additional marriage.
In the UK, a law was passed in 2022 that allowed for marriages to be ended through a process known as a no-fault divorce, but if there is an issue underpinning your marriage, such as adultery, you can still opt for an old-fashioned divorce.
Our team at Prentice Family Law can help here. Our divorce solicitors in Weybridge have expertise in overseeing all kinds of divorces and separations, meaning that we will make the process of legal separation as easy and as stress-free as possible for you.
So, back to basics, what are the common reasons for legal separation? Our divorce solicitors in Weybridge answer that question below.
If your spouse has been engaging in adultery, you can use this as a legal reason for the breakdown of your marriage.
Adultery is having sex, or having an affair with someone who is not your spouse or partner. According to our divorce solicitors in Weybridge, this is still the most common reason for divorce in the UK.
If your spouse has behaved in a way that makes it impossible for you to continue living with them, you can use this as a reason for the breakdown of your marriage. Emotional, physical or psychological abuse are common causes of unreasonable behaviour.
If your spouse has deserted you for at least 2 years, this can be put forward as a reason to divorce. However, our team, when defending this as an option, will need to see the evidence.
If you and your former spouse have lived apart for at least 2 years and both agree to the divorce, you can use this as a reason for the breakdown of your marriage. You will need to both agree to the divorce for this to be applicable and if your spouse does not agree, our team at Prentice Family Law can help.
Separation with contested divorce
If you and your former spouse have lived apart for around 5 years, you can apply for a divorce without your spouse’s consent. For this to be considered, you will need to provide proof of living at separate addresses, as well as proof of separate bank accounts.
Once you have chosen your grounds for divorce, you need to fill out the divorce petition form and send it to your local divorce centre. You will also need to pay a fee, which covers the legal aspects of having your petition examined.
After you have submitted your divorce petition, your spouse will have the opportunity to respond to it. If they agree to the divorce, you can apply for a decree nisi. This is a court order that says you are entitled to a divorce. If your former partner does not agree to the divorce, you will need to attend a court hearing to discuss your case.
When you have received the decree nisi, you will need to wait six weeks before applying for a decree absolute. This is the final court order that officially ends your marriage.
Divorce is usually a difficult and highly emotional process, but it’s important to understand the legal requirements and process to ensure you get the outcome you want. So, if you need help overseeing the process, do not hesitate to reach out to our team at Prentice Family Law.