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Frequently Asked Questions
Can I get divorced in the first year, If not what are the alternatives?
What if I did not get married in England?
What is the ground for divorce?
What facts must be established to satisfy the ground for divorce?
What is the difference between a Decree Nisi and Decree Absolute?
How will I afford the repayments on the mortgage by myself?
“I’ve been at home looking after the kids, no job, no savings, no pension, am I entitled to anything from my partner?”
“How is he/she going to contribute towards the children?”
Should I amend my Will now that I have received my Decree Absolute?
Should I make a Will if I have not already done so?
No, you cannot petition for divorce in the first year, however you can still use the reasons which made you want to divorce as evidence after the first year. Alternatively you could petition for Judicial Separation, this does not dissolve your marriage; however it signifies that both parties are separated. Further still there is no one year bar.
The English courts have the power to hear certain divorce cases, but only if they fall under at least one for the following:
- Both parties habitually resident in England and Wales
- Both were habitually resident and 1 still resides in England and Wales
- Respondent habitually resident in England and Wales
- Petitioner habitually resident in England and Wales and lived there at least 1 year immediately before petition
- Petitioner domiciled and has been residing in England and Wales for at least 6 months before the petition
- Both parties domiciled in England and Wales.
- If the above do not apply and no other court has jurisdiction either parties are domiciled in England and Wales when proceedings begun.
Habitual - Person lives in the country voluntarily with the intention to settle.
Petitioner - The spouse initiating the divorce and filing the petition.
Respondent - The other spouse.
The marriage must have irretrievably broken down.
To establish the ground for divorce the Petitioner must be able to prove it through one of the following 5 facts:
- The Respondent has committed adultery and the Petitioner finds it intolerable to live with
- The Respondent behaved in such a way that the Petitioner cannot reasonably be expected to live with
- The Respondent deserted the Petitioner for a continuous period of 2 years immediately before the petition
- The parties lived apart for a continuous period of at least 2 years before the petition and the Respondent consents to the petition
- Parties have lived apart continuously for 5 years immediately before the petition.
Once you have obtained the Decree Nisi the Court is satisfied that you have established the ground for divorce. The Decree Nisi will be read out in open Court, however, unless you have any objections neither party need attend.
The Decree Absolute is the final stage in the divorce proceedings in which the marriage will be dissolved, the Petitioner can apply for this 6 weeks after the Decree Nisi was granted.
On the breakdown of the marriage the Courts have a wide range of powers and orders that they can make in regards to the parties finances. As a result they will make orders to ensure that each party has enough finance to pay for such payment s and outgoings. On the other hand the Court may order a Clean Break where it is evident that both parties can support themselves.
Clean Break - It is evident to the Court that the Parties can support themselves financially, consequently the parties end their financial interdependence.
The Court has a duty to follow certain criteria when establishing how to distribute assets. They will take in to consideration issues such as the age of the parties, the length of the marriage and the role of the parties in the marriage. Hence depending on the outcome, the Court also has the power to split pensions so that both are entitled to a share.
Parents can come to arrangements themselves without involving authorities, however if the marriage did not end amicably then it may be easier to involve the Child Maintenance and Enforcement Commission (C-MEC). If the child is unmarried and under 16 or under 19 and still in full-time education the Parent applying can step aside and let C-MEC organise payments from the non-resident parent without any acrimony.
If the child is disabled or none of the parties are resident in the United Kingdom, contribution for the child would be a matter from the Courts to decide.
Child Maintenance and Enforcement Commission - Previously called Child Support Agency
Yes, once you have your Decree Absolute your marriage is dissolved and your status as husband and wife changes. Thus all provisions relating to the other Spouse will need to be amended so that your Will is updated.
Please view our Probate section.
Call us today on 01234 35 80 80 and speak to one of our understanding Divorce Lawyers
Arrange to meet a Divorce Lawyer at one of our offices in:
- Bedford Office - 01234 358080
- Luton Office - 01582 879090
- Milton Keynes Office - 01908 711150
- Hitchin Office - 01462 659171
- Stevenage Office - 01438 330033
- Leicester Office - 01162 280020
- Cambridge Office - 01223 459180
- Sutton Office - 0208 7050030
Please note that the advice provided on this webpage is not to be relied on wholeheartedly. If you have any queries please do not hesitate to call Premier Solicitors on 01234 35 80 80.
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