Divorces in the UK.
If the marriage has given a shallow crack, but the atmosphere in the family is tense, there is an opportunity to establish relationships with the help of external consultants. For example, there is a state resource for family and relationship support (Family counselling) http://www.relate.org.uk. That is, you can go to a consultation with a psychologist, like Mr. and Mrs. Smith, and return to a good relationship, or not return.
If family ties become unbearable, and you, as spouses (one or both) decided to officially terminate family relationships, then you need to apply to the English court, because it is there that dissolve marriages. And you will have to indicate a good reason for divorce – there are only five in England (I will write down these reasons in detail below).
And your spouse (we will assume that you want to terminate the marriage) must admit his fault, otherwise you will get a divorce only after two years of separate residence. This strictly regulated procedure was approved by the law on family relations in the early 70’s of the last century, and it was based on earlier developments of the 50’s. Although discussions are currently under way to modernize this law to meet the current world situation and to transfer the divorce procedure in non-disputable cases to state bodies, and not to the court, when else this happens.
If you have not married in the UK, or if you or your spouse is not a subject of the Kingdom, there are three divorce options in the territorial category:
– divorce in the country where the marriage was registered;
– divorce in the country of which one of the spouses is a citizen;
– divorce in the country where the spouses live at the time of divorce.
You will be required to comply with two conditions: until the time of filing, you must be married for at least a year, and the UK should be your preferred place of residence, as a party filing for divorce.
– one of the spouses was under 16 years of age;
– one of the spouses at the time of the marriage was in another marriage or civil partnership (the name of the marriage for same-sex couples);
– there are family ties between spouses.
According to British law, if the marriage is not legally valid, it did not exist. But documenting the invalidity of marriage is still worth it, this official document can come in handy when you decide to conclude another marriage.
– The marriage was concluded without the proper consent of one of the spouses: for example, in a state of intoxication or with the use of force;
– At one of the partners at the time of marriage was a sexually transmitted disease;
– A woman is pregnant from another man;
– there is no sex life: the couple did not have sex since the wedding (this case does not apply to same-sex couples).
In all other situations, you will have to divorce in standard order.
1. Adultery;
2. Inadequate behavior of the spouse – physical and psychological violence, drunkenness and drug addiction, refusal to pay the bills (yes-yes!), Etc .;
3. Malicious abandonment by one spouse of another – absence for two years or more;
4. Separate residence for two years, provided that both spouses agree to a divorce, and separation is not necessarily a different territory, you can live in the same house or apartment, but in separate rooms and keep separate households;
5. Separated residence for more than five years (in this case consent to divorce the second spouse is not required).
You will need to provide evidence that the marriage does not actually exist, so that the reason for the divorce looks authentic for the judge. For the first two reasons, you can apply for divorce right away, once you convict your spouse of infidelity, or he has become inadequate for family life. Other reasons require waiting for the appropriate number of years. The most common reason is the inadequate behavior of the spouse, and the most “sparing”, it is possible to say, friendly, way – separate residence for two years.
1. Apply for divorce petition;
2. obtain a court decision for divorce (decree nisi);
3. get the final decision about the divorce (decree absolute).
The form must be filled in triplicate – one yourself, one judge and one spouse. If you accuse a spouse of treason, the petition is filled in four copies – another copy for the person with whom you were changed (co-respondent). In this case, the defendants will be two. The application is sent to the court together with a marriage certificate, information about children and a fee of 550 pounds (unless you receive benefits or can confirm low income and are assisted in paying for court services). You apply to the court as a petitioner (Petitioner), and the respondent (Respondent) receives from the court Matrimonial Order Application (petition). The defendant must acknowledge receipt of the petition and agree or not with a divorce within 8 days. If he did not do this, the court will ask you for additional information about the spouse, and then take action until the petition is forced through the bailiff.
All disputes and litigation for children, misunderstandings about movable and immovable property and money occur between Decree Nisi and Decree Absolute. When Decree Nisi is approved, the judge gives preliminary instructions about children and finances, and if your spouse does not agree to the conditions set, then “all the hard” starts here.
3. The final decision on the divorce (Decree Absolute)
– Accordance with the draft (consent order) – costs 50 pounds;
– Applying to court for the final decision on the division of property and maintenance (ancillary relief order) – it costs 255 pounds. The court takes into account such factors as your income, duration of marriage, financial investments of everyone in the family budget, your age and behavior, family responsibilities during marriage, etc. But in the first place are always the interests of children.
So, after the approval of Decree Absolute, you are a divorced person who has the right to enter into another marriage if desired.
The court sends Decree Absolute by mail to you and your ex-spouse. If the decision in the case is negative, then you will be sent an notice of refusal of the judge’s certificate explaining the reason for the refusal of divorce.
If you are in the UK for a spouse or family member of an EU resident, then in the event of a divorce, the general rule is that you must leave the country and the immigration authorities must be informed of the divorce. Although in some cases you can obtain a further residence permit, for example, if the cause of the divorce is domestic violence, the family has British children or you have been married to a European citizen for at least 3 years and have lived in the UK for at least 12 months .
I want to note that the British court is equally impartial to citizens of any country and does not look at their financial situation, so you can expect a fair decision on your situation.
I hope that I was able to tell in general about the difficulties of the divorce in the UK. Perhaps, to someone this article will help to make the first step or, on the contrary, will force to think about the consequences. Some friends who live in the foggy Albion, had long-term divorce proceedings, someone was divorced “by correspondence,” and someone lives happily ever after with his chosen one.