In recent times, the issue of how easy it is to grant a divorce has been highlighted in some major cases. The process can often be difficult as it involves emotional issues and conflicts of interests. However, it is possible to make the process simpler, and with the right approach, it can result in a reasonable outcome for all the parties concerned.
One recent point of contention has been the idea of “probable cause.” Currently, after a period of around five years, you can be granted a divorce regardless of cause.
However, it is possible to get this granted sooner. One way is if both parties consent to the divorce taking place, in which case it is possible to get one arranged within four to six months.
If consent is not possible, then a “probable cause” needs to be proven. This can vary, with factors such as domestic abuse, adultery or financial irresponsibility all potentially taken into consideration. The problem is if another person doesn’t consent, this can lead to so-called “empty shell” marriages where people are forced to stay in a relationship until they can apply for a divorce.
This is now being looked at, and new rules are looking to be brought in that will allow people to divorce sooner without needing to prove a cause.
Another aspect is the process itself. You should have a copy of the marriage certificate in order to have the right details such as when the wedding took place and the address. It may sound obvious, but if the details are not correct, then the application can be sent back, causing further details. You can apply via the post or online, with a processing fee to put this through.
If you are living in the UK as a dependent, once you are divorced you lose your visa status. This may mean that you have to apply for a new visa, so this is something you should check before applying for a divorce. Also, it is important to apply based on where you live at the moment, not where you are from or where your wedding originally took place.
The process can be smooth, provided both parties agree. If both can’t agree, then a mediator can be brought in to help both partners reach an agreement. If an agreement can’t be reached (such as one party refusing to pay the fee), then this could be taken to court.
Talk to us
Divorce can be difficult on a number of different levels. We want to help you through this time, both in the sense of being a professional representative, but also providing the support you need. People often see legal representatives as cold or unemotional, but in truth, they are often sympathetic and want to get you through this.
If you are considering a divorce, then we want to help. Contact us today, and we can put you in touch with one of our legal specialists to help you through the process and find the best solution to a difficult situation.