It may be that you wish to end an unhappy marriage or you may have received a divorce petition from your spouse. Whatever has happened, it is completely natural to start worrying about the future, your finances, your home and your children.
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The UK Divorce Process
In order to apply for a divorce you must provide proof that your marriage has broken down and to do this, you’ll need to give one of the following five reasons:
- Lived separately for over 2 years (both parties need to consent)
- Lives separately for over 5 years (you can apply for divorce even if spouse disagrees)
Divorce Proceedings For A Marriage Abroad
Divorce proceedings can be brought in the UK, regardless of where the marriage took place (i.e abroad). However, to file a divorce petition in the UK, one of the following must apply:
- Both spouses live in England or Wales with intention of permanent residence
- Both spouses have lived in England or Wales with the intention of permanent residence, and one of you still lives here
- The spouse that has filed the divorce petition lives in England or Wales but has the intention of permanent residence
- The spouse that has filed the divorce petition has lives in England or Wales for at least 12 months
The Issues With A DIY Divorce
In a bid to make the divorce and dissolution of civil partnerships process easier for separating couples to understand, the government introduced a new set of forms to apply for divorce or dissolution with effect from 7 August 2017. It is possible that, because of this, more people will be tempted to try to deal with divorce or dissolution proceedings themselves in an effort to save money, particularly now that legal aid is no longer available in most cases.
While doing-it-yourself may seem like a good idea, it can end up costing you more in the long-run, both financially and emotionally. In some cases, you may be able to ask your former partner to help fund the cost of your divorce and to pay for you to get advice on this and any related issues. Using a solicitor can help you find out whether this may be a possibility in your case.