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There is a rule in the UK that you cannot be divorced unless you have been married for at least one year. Divorce proceedings can only be issued on the grounds off irretrievable breakdown of the marriage. The law states this can be proved only by one of the following five facts: 1. Your husband or wife has committed adultery; 2. Or has behaved unreasonably; 3. Or you have been separated for at least two years and your husband or wife consents to the divorce being granted; 4. Or you have been deserted by your husband or wife for at least two years; 5. Or that you have been separated for at least five years and in this case, you do not need you husband or wife’s consent. From the point of commencing divorce proceedings to the point where you are divorced and free to remarry takes approximately 6—9 months. There are some case’s that come outside that estimate for a number of reasons. The first stage of divorce proceedings is to petition for divorce. Your spouse will then have to return an acknowledgement of service form to the court once they have received the divorce papers. Whoever is petitioning for the divorce then applies for an initial directions hearing. If the Judge is satisfied that the Petitioner has established the grounds for divorce a date will be set for decree nisi to be pronounced in an open court. The parties do not normally need to attend the hearings. Six weeks after decree nisi has been pronounced, the petitioner can apply for the decree to be made absolute. It is the decree absolute which formally ends the marriage. Divorce proceedings from the date of issue until obtaining decree absolute can take between 6-9 months. If financial matters need to be resolved, decree absolute would not normally be applied for until financial matters have been resolved, which can take approximately 12 months. |
