One of 5 facts needs to be proved or demonstrated when filing for divorce in the UK, without these it will be impossible for a couple to officially divorce. But before these 5 facts are listed and explained, couples need to know that they have to be married for a minimum of 12 months before they can even begin filing as it is considered that this is enough time to determine that the marriage can absolutely not work, divorce solicitors in Weybridge will only take on a case if the couple has been married longer than a year and one of the following 5 facts can be demonstrated:
A solicitor may ask their clients to give them 4 or 5 reasons as to why the marriage has broken down. This cannot be trivial matters like refusing to pack the dishwasher; clients have to be able to prove that their spouse has behaved in such a way that they cannot reasonably be expected to continue to live together anymore, often it is found in, but not limited to, cases of domestic abuse including physical, emotional, and psychological abuse. While this is an extreme example, spouses may otherwise beagle to prove that there are irreconcilable differences that lead to the breakdown of the marriage.
If there is an extramarital sexual relationship between a man and a woman and the client feels that they no longer want to be in their marriage with someone who is cheating on them, this is considered to be good grounds for divorce if it can be proved and will not go contested in family court.
Two years separation with consent
If a couple has been legally separated for 2 consecutive years and both parties agree that they want to get a divorce then the marriage can be lawfully ended without contest. While the separation still needs to be proved it doesn’t mean that parties need to have been living on separate properties, only leading separate lives; sleeping in different bedrooms, having separate bank accounts and bills, having separate social lives, etc.
Two years desertion
If a client has been deserted by their spouse for 2 years or more, and they can prove that their spouse walked out on them never to contact them again or be a part of the marriage, then the client may file for divorce without the consent of the spouse who left.
Five-year separation without consent
A client who has been legally separated from their spouse for 5 consecutive years may file for divorce even if the spouse does not agree to the divorce, this can become tricky in court but as long as the client can prove the separation for the full 5 years, they are legally allowed to divorce their partner.
Understanding these 5 facts will make it easier for the client to know on what grounds they wish to petition for divorce from their partner, and with all divorces, a copy of the draft paperwork will be sent to the spouse for agreement before matters proceed, this is done in the hope the proceedings are as amicable as possible.