Divorce
Understanding Divorce Proceedings in the UK: Application Types and Considerations Initiating divorce proceedings in the UK involves certain criteria and considerations. Couples must be married for at least one year before starting divorce proceedings, which can be initiated through either a sole application or a joint application.
- Sole Application:
- In a sole application, one spouse, known as the applicant, begins the divorce proceedings, and the other spouse is termed the respondent.
- Joint Application:
- With a joint application, both spouses are applicants, and there is no designated respondent.
It’s important to note that if a divorce begins as a joint application, it can later be changed to a sole application if one spouse decides not to proceed or refuses to progress the proceedings. However, an application that starts as a sole application cannot be converted into a joint application.
The key considerations in this matter;
- Divorce Proceedings in the UK
- Criteria for Starting Divorce
- Sole Application vs. Joint Application
- Applicant and Respondent in Divorce
- Initiating Divorce Proceedings
- Changing from Joint to Sole Application
- Divorce Application Types
- UK Divorce Process
- Couples Applying for Divorce
- Legal Considerations in Divorce
Navigate the complexities of divorce proceedings with a clear understanding of the application types and legal nuances. If you have questions or need guidance, contact us for expert assistance tailored to your unique situation.
Divorce Requirements Pre No Fault Divorce
In order to file for divorce you must prove that the marriage has irretrievably broken down based on one of the following facts:
Adultery – where your husband or wife has engaged in sexual relations with another man or woman whilst being married to you
Unreasonable Behaviour where you would give examples of behaviour that you found unreasonable on the part of your husband/wife that led to the breakdown of the marriage
Desertion – where your husband/wife cannot be located and has not been in contact for at least 2 years
2 Years Separation with your husband’s/wife’s Consent
5 years Separation – When you have been living apart for 5 years (consent not required)
This was the old procedures for those interested in the changes and this process is no longer applicable in the UK although some old divorce matters may remain ongoing under the old procedures through the transition into No Fault Divorce.