The Divorce Procedure in the UK

Statistics

The contemporary British society is in a state of flux, with conventional social norms giving up and the lifestyles becoming more individualistic. The total number of divorces in UK in the year 2003 was 166,737. This figure shot up to 167,116 by the year 2004. The highest number of divorces was found amongst the adults lying in the age group of 25 to 29. The current divorce rate in the UK stands at 14 per 1,000 marriages. Average age at divorce amongst men is 42.7 years and for women it is 40.2 years. A marriage in the UK lasts for an average period of 11.5 years. Of all the divorcing couples, 69% had never married before. In the year 2004, 69% of the divorces were granted to women. 52% of these divorces were granted on the basis of the husband’s behaviour. 53% of the divorcing couples had at least one minor child.

Divorce Procedures:

Residency Requirements

One can only file a divorce suit if he/she has been married for a period of at least one year or more. In order to initiate a divorce procedure in the UK, one has to fulfill certain residency requirements. A failure to do so may lead the court to either drop or dismiss a divorce suit. At the time of filing a divorce suit, both the spouses should qualify these residency requirements.

Grounds for Divorce

The spouse who initiates the divorce process is known as the Petitioner. The spouse on whom this petition is served is called the Respondent. Grounds for divorce mean the reasons for which a divorce is requested for by a spouse. As per the British Law, there exists only one valid ground for divorce, which is ‘an irretrievable breakdown of marriage that has to be substantiated in at least one of the following ways:
1) Adultery: the petitioner is not required to mention the name of the person with whom the adultery is committed. However in case of a denial by the respondent, the petitioner is required to prove the charges of adultery.

2) Desertion: The period of desertion should be at least two years or more.
3) Unreasonable Behaviour: The petitioner has to cite some unreasonable behaviour on the part of the respondent, which makes it impossible for him/her to live with the respondent.

4) Separation for two years: The consent of both the petitioner and the respondent is required in such a situation.

5) Separation for five years: The consent of the respondent is not mandatory in such a situation.

Filing a Petition

The petitioner is required to file a Petition for Divorce with a court, which contains important details like names and addresses of the two spouses and is accompanied by vital documents like the marriage certificate, court fee and a Statement of Arrangement for the children. The Statement of Arrangement for the children is an important document as it contains the relevant details regarding the children and the arrangements made as for their future.

Serving of Petition

The next step involves the serving of divorce papers on the respondent. The court or the petitioner’s lawyer sends a copy of the petition along with a form of acknowledgement to the respondent, either by post or through other appropriate means. The respondent has to complete and return the form of acknowledgement to the court, within eight days. In case the respondent intends to defend the petition, he is required to file a defense within 29 days of receiving the divorce papers.

Decree Nisi

Once the judge is satisfied with the documents filed with the court and has ascertained that the two spouses are in agreement with the arrangements made for the children and regarding other important issues related to the divorce such as alimony, division of property etc., the court informs both the petitioner and the respondent about the date and time at which the Decree nisi is to be issued by it. In such a situation, the divorce is uncontested. In case of a disagreement between the two spouses regarding any issue related to the divorce, the case will go to the court for a trial. Even if the Decree nisi is issued by the court, the two spouses are still not free to remarry.

Decree Absolute

Exactly six weeks and one day after the issuing of a decree nisi by the court, the petitioner can approach the court for issuing the decree absolute. A decree absolute terminates the marriage for all intents and purposes and both the partners are then free to remarry, if they want to.

James Walsh is a freelance writer and copy editor. If you want to find out more about a solicitor managed divorce see http://www.managed-divorce.co.uk