Divorce in the United Kingdom

FamilyDivorce

  • Author James Walsh
  • Published October 2, 2007
  • Word count 904

Divorce by definition is the legal and final dissolution of marriage. Changing social and economic norms are today leading to an increasing number of marriages ending in divorce. "Till death do us part" is a vow whose burden most married couples are finding it harder to bear. About 40 percent of all British marriages end in a break-up, which is a whopping four times the divorce rate of the fifties!

The factors that have contributed to the high rate of divorce include enactment of easy divorce laws which have made the journey down the splits-ville much easier, a decline in the number of couples living together for religious reasons (they may belong to different faiths), conflicts resulting from the growing number of dual-career marriages, greater social acceptance of divorce and financial independence of women.

Along with the increasing number of divorces, the reasons for seeking divorce have also changed over the decades. The threshold of filing for divorce has come down. People are much more individualistic today. The motives that drive them now relate more to their personal growth and emotional fulfillment than marital obligations and what the society expects of them.

What is interesting to note is that each passing decade has been typified by a certain set of reasons high on the divorce list. The post-War era of the 50’s and 60’s saw violence and infidelity as the main cause for seeking divorce. The hippy culture of the seventies saw personal habits, alcoholism and drug abuse high on the list. The 90’s are more about emotional factors such as lack of attention and communication between the two spouses.

The present trend can be attributed to the increasing freedom, upliftment and financial independence of women. Wives are no longer economically dependent on the husband and when it is not the financial equation keeping the women in a marriage, the importance of relationship-happiness is greatly elevated. Women today give priority to their own happiness in the relationship than money. One can safely say that liberal attitudes and the high levels of female emancipation in the UK affect the divorce rate in the country to a great extent.

Internet access is also increasingly showing up as a new-age cause for break-up of marriages. Meeting a new lover online, obsessive interest in online pornography as well as excessive use of the Net and chat rooms have been cited as reasons for divorce too in many cases.

Divorce in England and Wales is the highest in Europe, with two in every five marriages ending in a break-up. Recently, there was a divorce boom in Scotland too where the number of divorces rose by 20 percent owing to liberalization of divorce laws. New rules, which allowed those separated to have a divorce much earlier, led to a rush to finalise divorces among those who had been waiting for a legal end to their marriage.

In the UK, the divorce laws are simple and the guidelines to do so are laid down very clearly. If both the partners agree to the split, the whole process of getting a divorce takes only a few months. Basically, there are three parts to a divorce process in the United Kingdom:

  1. Legal procedure to end the marriage.

  2. Arrangement related to the children that have emerged from the marriage.

  3. Ancillary relief proceedings, which decide the settlement of financial matters between the couple and is a separate process to divorce proceedings.

The first step towards getting a divorce is to file a petition seeking a divorce. It is important to list out reasons for the irretrievable breakdown of marriage. The law has laid down five conditions out of which at least one has to be proven to show irreconcilable differences between husband and wife due to which it is no longer possible for them to continue with the relationship.

These conditions are:

  • Adultery of the other spouse

  • Unreasonable behaviour of the other spouse

  • Desertion of the other spouse (after two years)

  • Separation with consent (after two years)

  • Separation without consent (after five years)

If the divorcing partners have dependent (under 16 years) children from the marriage or if the latter are enrolled in full-time education, a ‘statement of arrangements’ has to be filed by the partners. In this, they have to list the arrangements they have agreed upon to take care of children after divorce. The court then serves a petition to the other spouse (respondent).

In divorce proceedings, there are two decrees that must be applied before the marriage finally ends -- Decree Nisi and Decree Absolute. Once the respondent acknowledges the petition, the petitioner applies for the first decree (Decree Nisi), which is granted if the court finds everything in order. After about six weeks, the petitioner can apply for the second decree (Decree Absolute). Once this decree is granted, the divorce is final and the partners are free to remarry legally.

There are two ways of going about the divorce process. The first one, which is economically viable and involves much less hassle and stress, is called DIY (Do It Yourself). However, this is an option only in case of amicable split where both the partners have no dispute of any kind on any arrangement related to divorce. The second option is to hire a divorce solicitor to guide the partners through the legal proceedings. Though a more expensive deal, it will ultimately get the best for you in terms of children and financial settlement.

James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see http://www.quickie-divorce.com

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