Many people think that it’s quick and easy to obtain a divorce these days and while it’s certainly simpler than back in the days when the Archbishop of Canterbury had to sign off on it, there are still certain conditions that need to be met.
The first meeting with a divorce solicitor in London, such as those at Saracens Solicitors, helps the client to establish the grounds for divorce, takes stock of the current state of the relationship and what needs to happen before the solicitor can petition the court to start divorce proceedings.
Marriage is, after all, a legally binding contract, and in order to dissolve that contract, one or both parties need to prove that the contract has been broken and that the relationship has irretrievably broken down.
In some countries, it is possible to get a ‘no-fault’ divorce – that is, that there is no reason given for the divorce other than the two parties wish for the marriage to be dissolved.
Although The Family Law Act 1996 gave provision for no-fault divorce in the UK, that aspect wasn’t adopted by the government. To be granted a divorce here, spouses need to establish a reason why the marriage is at an end.
There are five facts for divorce in England and Wales.
One partner has had a sexual relationship with another person, and this makes it intolerable for the other to stay in the marriage.
One partner has behaved in such a way that the other cannot reasonably be expected to live with them.
One partner has been continually absented from the relationship for at least two years.
Separation – two years
This is the nearest to no-fault in the current system – this can be used if the spouses have continuously lived apart for at least two years and both agree to divorce.
Separation – five years
If the partners have continuously lived apart for five years or more, one can ask for a divorce, without needing the other to consent to it.
A divorce solicitor in London will advise clients on which criteria is most likely to succeed for them and help them to prepare the evidence to make their case.