Obtaining a divorce has become extremely simple. If you want to divorce your spouse, you just have to prove the ‘irrevocable breakdown of your marriage.’ This is the only ground for terminating marital life in the
Reasons for a Divorce
The
If your spouse has indulged in an adulterous liaison you can use this reason for obtaining a divorce. However, a divorce on this reason will be granted only if you have sufficient evidential proof of the adulterous behaviour of your spouse. The petition for divorce must be submitted within six months of obtaining the proof. You can name the co respondent (the other person in the relationship,) but such a move would unnecessarily complicate the issue and is best avoided. If you are not able to garner adequate proof use the reason of ‘unreasonable behaviour.’
Unreasonable Behaviour
You can also petition a divorce stating that the unreasonable behaviour of your spouse has made life unliveable. The courts of the
Adultery and unreasonable behaviour are the two most common reasons used for proving the breakdown of marital life. The other three reasons are rarely used.
Desertion
Desertion is a valid reason for divorce, if your spouse has deserted you for two years or more and has not come back.
Separation for Two Years
You can obtain a divorce if you and your spouse have lived separately for a period of two years just prior to petitioning the divorce.
Five Year Separation
A five year separation just before petitioning for a divorce is also considered sufficient reason for granting a divorce by the family courts in the
Procedure for Obtaining a Divorce
You can petition for a divorce in the
You should submit the petition along with a form which outlines the arrangement made for the children. This form is called ‘statement of arrangement’ and it is highly advisable that you show this form to your spouse for approval. This would prevent future disagreements regarding the arrangement made for children.
The other documents that you have to submit along with the petition are the ‘marriage certificate,’ ‘copies of the petition for submitting to the respondent and co-respondent,’ and the court fee of £ 300.00.
The respondent (your spouse) is sent the petition, the statement of arrangement, a notice of proceedings and ‘an acknowledgment of service.’ The acknowledgement of service has to be filled in and returned within 8 days. At this juncture your spouse has to indicate agreement regarding the provision made for children and the payment of divorce fees. If your spouse, the respondent wishes to defend the divorce this has to be indicated within 29 days of receiving the petition.
You have to prepare an affidavit and sign it in the presence of the solicitor. This is a sworn statement confirming the validity of the contents of the petition. The judges will consider the documents and if they are satisfied they grant a ‘decree nisi.’ This does not necessitate a public hearing. The ‘decree nisi’ will then be sent to your home. Six weeks and a day after the decree nisi, the courts will grant you the ‘decree absolute.’ This will terminate your marital status.
Though, the process of obtaining a divorce has become greatly simple, couples are found squabbling over issues pertaining to children and marital property. Once these vexing issues are solved, a divorce is granted in the private confines of the court. Publicising divorce details is not legally permitted in the
