|
|
The Grounds For Divorce
In the UK, since 1971, the only legal ground for divorce is that the marriage
has broken down irretrivably. An application for divorce on this single ground requires
that one of the statements is true, or can be proven:
- That the other spouse has been adultrous, and had an affair. Homosexual affairs are
not legaly recognised as adultry, but would probably be substantial for a divorce on
grounds of unreasonable behaviour.
- That the behaviour of the other spouse is so unreasonable that the person applying
for the divorce cannot tolerate living with them. Unreasonable behaviour doesn't
neccesarily mean bad behaviour. For example, it could mean a workaholic who does
not take a role in family life, or a spouse who doesn't do their fair share of the
work. If one spouse is homosexual, this could be a ground for divorce, as the
other spouse could argue they find this intolerable.
- That the other spouse has deserted the marriage for 2 years.
- That the couple have been seperated for 2 years, and the other spouse agrees to
the divorce.
- That the couple have been seperated for 5 years. (This does not require the consent
of the other spouse)
It is also important to note that a divorce cannot be applied for within the
first 12 months of marriage - you must remain married for a year before you divorce.
When a couple wish a divorce, one spouse must petition for divorce, and accuse the other
spouse of one of the above facts. It is not possible for both spouses to jointly petition,
and the required role of one spouse as an 'accuser' means divorces are often more confrontational
and bitter than they need to be. The spouse who petitions the divorce is known as the
petitioner, and the other spouse is the respondant.
Nowadays, divorce is a relatively simple procedure, and rarely requires the couple to
appear in court.
The Six Steps To Divorce
One: Filing The Petition
The petitioner fills in a divorce petition, and sends it, together with the marriage
certificate and a court fee of £150 to the county court. If there are children under 16 or
over 16 and in full time education, the couple must also collaberate on a Statement of
Arrangements which sets out How the children will be cared for, who they will live with,
et cetera.
Two: Service Of The Petition
The court will check to see that everything is in order, and will then issue the divorce
petition to the respondant, together with the a copy of the statement of arrangements and
an Acknowledgement of Service form, which the respondant must complete.
Three: Acknowledgement Of The Petition
The Acknowledgement of Service should be completed and returned to the court within 7 days,
and the respondant should indicate on itwhether they wish to oppose the divorce (refered to
as defending the divorce). If they do wish to defend the divorce, they must complete another
form, called an answer, and dispatch it to the court within 28 days.
It is important to note that defending a divorce is messy and expensive, the judges taking the
view that a marriage has definately broken down irretrivably, if one party is determined
to end it. Most people save their resorces to fight for the largest settlement once the
divorce has gone through.
Four: The Affidavit
The court will then send a copy of the Acknowledgement of service form to the petitioner,
who must then sign an affidavit. This is basically a written oath, which swears that the
evidence given by the petitioner was true, and there are indeed grounds for divorce.
This does away with the need to appear in court for an oral swearing to the truth of the
evidence.
Five: Decree Nisi
The District Judge will then go over the divorce papers, and consider whether any court
orders need to be mage for the children, such as residence orders.
If he is happy that everything is in order, a date will be set for him to pronounce
Decree Nisi on the marriage in open court. A list of all marriages to be granted
Decree Nisi is read out, and there is no need for the couple to attend.
It is important to note that the marriage is not yet ended - Decree Nisi is merely a cooling
off period to allow the couple to reconsider before final divorce is granted.
Six: Decree Absolute
43 days after Decree Nisi is pronounced, the petitioner can apply for Decree Absolute.
They must fill out an application form, and send it, togeter with a £30 fee, to the County
Court. Once Decree Absolute has been granted, both spouses are free to once more remarry.
If the pentitioner does not apply for Decree Absolute, the respondant can do so 3 months
later.
Judicial Seperation
In cases where people find it unacceptable to divorce, for religious reasons,
they can apply to the court for judicial seperation. They will still be married, and so
will break no religious rules, but they will agree to live apart, and the court will divide
their property, and custody of any childen, just as if the couple had had a divorce.
© Luke Culverwell 2001, All Rights Reserved |
|
|
|
