Marriage can be an extremely perilous path in life with everybody at some stage or another questioning their previous judgment in getting married. Many of us work through it, many of us discover we did in fact make the right decision, yet for around 150,000 Brits each year divorce becomes the only option.
One fact that may or may not surprise you though, is that the majority of divorces come straight after a holiday period such as Christmas, I guess the mix of having so much time together and a few drinks seems to be when arguments occur and evidence of infidelities arise.
Any divorce lawyer that has a good reputation will be able to confirm that the Christmas period is when their telephone is literally ringing off the hook.
So if there is anyone that is truly thinking of going down the route of divorce and are planning to put their local divorce lawyer set on speed dial, there are a few things that you need to consider. Getting a divorce is not always as easy as you might think; marriage is still taken quite seriously in many countries and is still a legally binding contract.
First of all you should know that nobody can get a divorce within the first year of marriage, whilst secondly a marriage break-up can only occur when proof of one of the following facts:
Whether through admission or a good level of circumstantial evidence, adultery has to be proven. If it has been proven that the spouse has had sexual intercourse with somebody else, which has made the marriage intolerable for either one or both parties, then divorce proceedings can be initiated.
If there was no intercourse, yet a relationship has been on-going, a divorce can proceed on the basis of unreasonable behaviour. In either case the third person can be named in court and called to pass their own statement, though this is extremely rare and is not an essential part of the process.
In general, by having the third person named it will only increase the length of time the proceedings will take. Additionally by doing this, the proceedings can become very unpleasant and will actually be a lot more complicated in the long run.
This is the most common reason used for divorce in the United Kingdom currently; the spouse who is petitioning for a divorce must show full proof of their partner behaving in such a way that living with them is no longer a reasonable option. Reasons could be anything from alcoholism to financial profligacy, though the court will also in many cases grant a divorce even for mild allegations. These mild allegations could stem from two people literally having no shared interests or both living two different social lives.
This petition would be used in the rare case that the spouse has deserted their partner with no consent for a period that is longer than two years. If this is the case then a petition would not need the consent of both parties, mainly due to the others location not being known there simply being no reply to the courts.
2 Year Separation
In the case where both parties have been living apart for more than two years through mutual consent and have decided to opt for divorce, as long as it can be proven a court will in most cases accept the petition. In some cases it will also accept that two people have been living in the same home but on a completely separate basis.
5 Year Separation
This type of divorce does not need both parties to consent to the petition. If both have been living separate for more than five years before the petition for divorce, if it can be proven then either party can file for divorce without the need for consent from their partner.
If you ever feel that your marriage is at the point of no return and are require a Divorce Lawyer London based, there are plenty around that will be able to give you the advice about actions that you are seeking.