If you’re in a position where your marriage cannot be saved, you might want to know how to file for divorce in the UK. Changes to Divorce Law in 2019 now mean that couples going through the process will be able to focus on resolution rather than accusation.
For a long time, the word ‘divorce’ has been almost synonymous with acrimony and hostility. Even the most amicable of couples wanting to end their marriage peacefully, have been forced to assign blame to at least one party due to the Matrimonial Causes Act 1973.
2019 saw the arrival of new divorce laws that aim to make divorce proceedings less contentious. Couples will now be able to complete a ‘no-blame’ divorce, with a focus on improving family life and relationships after the divorce.
HOW TO FILE FOR DIVORCE
If you wish to file for divorce you must first identify grounds, or facts, for divorce, proving that your marriage has broken down completely and is beyond repair.
The Five Grounds for Divorce
Adultery: Your husband or wife had sexual intercourse with someone else of the opposite sex (committed adultery). Adultery cannot be a reason if you lived together as a couple for more than 6 months after you found out about it.
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:
- physical violence
- verbal abuse, such as insults or threats
- drunkenness or drug-taking
- refusing to pay towards shared living expenses
Desertion: Your husband or wife has left you for at least 2 years before you apply for divorce. You can still claim desertion if you have lived together for up to a total of 6 months in this period, but that will not count towards the 2 years.
You’ve been separated for at least 2 years: You can apply for a divorce if you’ve been separated for at least 2 years before applying for divorce and you both agree to it.Your husband or wife must agree in writing. It may be possible for you to show that you’ve been separated while living in the same home as your wife or husband as long as you’re not living together as a couple (for example you sleep and eat apart).
You’ve been separated for at least 5 years: You can apply for a divorce if you’ve been separated for at least 5 years before applying, even if your husband or wife disagrees.
If you can decide together, you may be able to resolve matters amicably. Using a mediation service from a local family law solicitor is a helpful way to have difficult discussions and avoid conflict; you can also have important discussions about your children, child maintenance, and your shared assets (i.e. property/savings/pensions).
How Do I Start Divorce Proceedings?
If you are now considering filing for Divorce, it is recommended that you seek legal advice. Our Family Team will be there to help you through each step of the process.
If you’d like to find out more about filing for divorce or mediation services, our Family Department will be happy to have a confidential chat. We aim to reach a suitable compromise and positive resolution for every family we work with. Alternatively, you can call us on 0151 424 5656 to make a confidential appointment