Divorce is a life – changing event, and understanding the legal framework surrounding it is crucial for those going through this challenging process in the United Kingdom. UK divorce law is a complex area, shaped by statutes, case law, and evolving social attitudes. In this blog, we’ll explore the key aspects of UK divorce law, including the grounds for divorce, property division, child custody, and the divorce process itself.
Grounds for Divorce in the UK
Until 2022, the law in England and Wales required couples to prove that their marriage had irretrievably broken down by citing one of five facts: adultery, unreasonable behavior, desertion, two years’ separation with consent, or five years’ separation without consent. However, significant changes were introduced with the Divorce, Dissolution and Separation Act 2020. As of April 2022, the UK now operates under a no – fault divorce system. This means that couples no longer need to blame each other or prove specific misconduct to obtain a divorce. Instead, they can simply state that their marriage has irretrievably broken down.
Adultery: Under the previous system, adultery was defined as voluntary sexual intercourse between a married person and someone of the opposite sex. To use adultery as a ground for divorce, the petitioner had to prove that their spouse had committed adultery and that they found it intolerable to live with their spouse as a result. It’s important to note that if the couple continued to live together as husband and wife for more than six months after discovering the adultery, the petitioner could no longer rely on this ground, unless the adulterous relationship continued during that time.
Unreasonable Behavior: This was a commonly used ground for divorce. It required the petitioner to show that the respondent’s behavior was such that they could not reasonably be expected to live with them. Unreasonable behavior could range from physical and emotional abuse to more minor issues like a complete lack of communication or refusal to contribute to household responsibilities. The behavior had to be serious enough that a reasonable person in the petitioner’s position would find it intolerable.
Desertion: A spouse could use desertion as a ground for divorce if the other spouse had left them without reasonable cause and without their consent for a continuous period of at least two years out of the last two and a half years. The deserting spouse must have had the intention to bring the marriage to an end.
Separation: For two years’ separation, both parties had to consent to the divorce. If they had lived apart for two years or more, they could use this as a ground for divorce. In the case of five years’ separation, the divorce could be granted even if one party did not consent.
The Divorce Process in the UK
The divorce process in the UK has several stages.
Filing the Divorce Petition: The first step is for one spouse (the petitioner) to file a divorce petition with the court. In England and Wales, as of 2022, the petition can be filed online or by post. The petitioner must state that the marriage has irretrievably broken down. They also need to provide details about the marriage, such as the date and place of marriage, and any relevant information about children and financial matters.
Response from the Respondent: The other spouse (the respondent) then has a certain period of time to respond to the petition. If they agree to the divorce, they can sign and return an acknowledgment of service form. If they do not agree, they can file a defense, although under the no – fault system, a divorce cannot be blocked indefinitely.
Conditional Order and Final Order: After the response stage, if the court is satisfied that the divorce can proceed, it will grant a conditional order (previously known as a decree nisi). This is not the final divorce; it is a statement that the court is likely to grant the divorce. After a minimum of six weeks and one day from the grant of the conditional order, the petitioner can apply for a final order (previously known as a decree absolute), which officially ends the marriage.
