When heading into a divorce, you will want to be ready to face a lengthy and, in some cases, complicated process. Whilst both of these factors are entirely dependent on the individual case, it is extremely helpful to have a little understanding of the process and the legal jargon that accompanies it. Whether the divorce is amicable and you and your ex-partner are in agreement with everything, or whether there are disagreements over the cutlery sets or who gets the house, it is highly recommended to get assistance from divorce solicitors in Weybridge.
Eligibility
Although we are in more modern times where divorce is a common occurrence, there are still a few criteria that need to be met. Marriage is a big decision for most people and one that is not taken lightly; therefore, divorce is only possible if you have been married to your partner for over a year. It is also necessary for at least one of you, if not both, to be permanent residents within the UK and for the marriage to be officially recognised by the UK. This may seem a little unusual; however, there are many marriage ceremonies that are not legally binding; hence the importance of having it officially recognised. On top of all this, it is vitally important to ensure that this is the route to take and that the relationship has completely broken down.
Filing for divorce
It is naturally your decision should you wish to file for divorce; however, it is important to understand that when filing for the divorce, you will need to state the reasons behind it. There are 5 factual circumstances that will be presented to you when filing, and either you or your ex-partner need to choose one. Once this has been decided upon, your divorce can be approved.
Below, we delve into some of the factual circumstances behind divorces.
Deserted without a good cause
Divorce, in most cases, is not a pleasant experience, and for some, even less so. When your spouse leaves without your consent and a good cause, it can create a feeling of resentment and divorce proceedings may be the first thing you want to approach. Whilst this may be understandable, legally applying for divorce or a separation petition can only occur after 2 years have passed.
Separated for over 5 years
For those who have been separated and living apart from their spouse for 5 years or more, filing for divorce can be somewhat simpler. Due to how long you have not been in a relationship together, it is possible to apply for a divorce without an agreement from your ex-partner.
Adultery committed
When it is discovered that your partner has committed adultery, the fallout can be devastating and divorce may be sought out. Whilst adultery is a valid cause for divorce, it is important to understand that should you continue to live in the same property together for 6 months or more, then this factual circumstance will no longer be valid. Therefore, it is important to ensure that you are living apart should you wish to go down this route.
No matter the reason behind your divorce, understanding the legal jargon and ensuring you get the best deal possible is important; therefore, seeking out a lawyer to help you navigate through this process is highly important.
