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Family Law

What You Need to Know Before Getting a Divorce

Image of a divorce certificate.

If you and your partner are both in agreement to getting a divorce, then the process can take around five to six months. When getting a divorce in the UK, it means that your marriage has broken down permanently and you must be able to prove this out of the five following reasons:

• The other party has committed adultery by having a sexual relationship with someone else.
• The other party has started to behave unreasonably, therefore, as a result, you cannot live with them. This is known as unreasonable behaviour.
• Both parties have lived apart for a continuous period of at least 5 years. This is known as five years separation.
• The other party has stopped living with you on a permanent basis, without your consent. This is known as desertion but is very rarely used.
• Both parties have separated for a continuous period of two years or more by living apart from each other and agree to get a divorce. This is known as two years separation and consent.


Things you should know about Divorce

When you are preparing for divorce, it’s important to understand what divorce means and what it can cause. When your marriage ends, partners and their children will commonly deal with numerous stressful occasions. These occasions include parenting timetables, new living arrangements, and decisions about money and the property. The legal divorce can be hard to understand for some spouses as they may be too conflicted with emotions caused by the new changes due to the marriage ending. This could even impair their ability to make logical decisions. It may be easier to navigate the divorce if you are informed about the legal process of divorce before it begins. This is a quick article to provide you with some helpful tips and prepare you through this difficult time.

– If you and your ex-partner both agree upon wanting a divorce, then you can get divorced without need a solicitor or going to the court. It may save you time and money if your partner does agree to the divorce. The divorce process will end your marriage; however, you will still need to work out what to do with the children, money, and property separately. The divorce can legally be finalised in 4 to 6 months if you agree on the divorce and the reasons why.

– It is best to try and agree your reason for divorce with your ex-partner. This is known as grounds for divorce to show that your marriage has been broken. If you have decided the basis of the divorce will be 2-year separation with consent, then you will need to have permission from your ex-partner to divorce. However, if your ex-partner disagrees with the divorce and you cannot agree on who pays the divorce fees or other costs, then you might need to get some legal advice or go to court. You will need your original marriage certificate to start the divorce process as this will be sent to the court with your divorce form known as a divorce petition. The marriage certificate also contains important information you will need to complete the divorce petition, for example, the address of the place where you got married. If you fill anything out incorrectly then your application may be sent back to you and the process delayed.

– Your visa status will change when you get a divorce or separate, for example, if you are in the UK as a dependant on your partner’s visa (known as a spousal visa) , then you will lose your visa status when you separate or divorce as your stay in the UK is dependent upon you being supported by your spouse in the UK. You will need to pay a fee of £550 when you send your divorce application to the divorce centre, this is known as the court fee, there are however possible exemptions if you are on a low income. If you both cannot agree who pays the fee, then it is best to obtain legal advice.


Contact Us for Family Law & Divorce Solicitor Services

If you’re located in the West Midlands or the surrounding areas and you would like advice or help from our expert family solicitors, then please get in touch with us. We can provide professional family law services and discuss your situation and needs.

Call us on 0121 356 4556 or you can email us at enquires@jmwilsonsolicitors.com. We’re always happy to help.


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