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Recently, a study conducted by pro-marriage group The Marriage Foundation discovered that the divorce rate in the UK is at its lowest in 30 years. Coincidentally, this finding was made within weeks of it having been announced that the UK government intended to discuss the possibility of introducing no-fault divorce to the UK – something that has led socially conservative commentators to argue that introducing no-fault divorce will lead to the unnecessary breakdown of thousands of families. Whilst these claims are baseless, there is one argument critics have put forward that is entirely accurate: that introducing no-fault divorce to the UK will result in an increased divorce rate.

Whilst it may be logical to conclude that an increase in the divorce rate will lead to a larger number of families becoming fragmented, this is because people forget that separation and divorce are not the same thing. In fact, it is separation, not divorce, that results in one spouse leaving the marital home and, should things then go awry, children becoming estranged from one of their parents.

The irony is that making divorce harder does not help parents or children. The very opposite is true: the vast majority of couples that separate will want to divorce and will want to do so as soon as possible. Also, the need to blame one party for the end of the marriage inevitably makes the divorce process adversarial which, in turn, creates or exacerbates existing animosity and makes it all the more difficult for the couple to provide their children with the stable and supportive co-parenting they’re certain to need following their parents having broken up.

What’s more, the most sophisticated research studies focussing on how separation and divorce affects children indicate that it is their parents’ behaviour following the event that is most likely to have an adverse and long-term effect on their emotional wellbeing. This can potentially lead to behavioural problems as well as negatively impact educational and even professional development.

Yes, the introduction of no-fault divorce will result in an increased divorce rate; what it won’t do is push happy couples and their families apart. It will simply make it significantly easier for couples that want a divorce to get one without the need to get their former spouse’s back up. This will produce divorces that are significantly less likely to become nasty and – as this is in the best interested of all parties – can only be seen as a good thing.

If you want to file for a divorce in England or Wales but you didn’t marry in either country, you can still file for and obtain a divorce from the courts that serve these nations. Irrespective of where your marriage took place, you can file for a divorce in either England or Wales if either party lives in or has a significant link to either nation (common examples of this would including owning properties or still paying some form of tax within either country) though there are a few vital things you’ll need to know – in relation to your marriage certificate in particular.

Do you have your original marriage certificate?

We’re guessing that you, like most people, have the very best of intentions as far as your important documents are concerned. Unfortunately, whilst you knew you were placing your marriage certificate in a safe place when you put it away for safekeeping all those years ago, time passed and, as you thought you’d never need this document again, you forgot where this was. You’re not alone and – whilst the process of getting a new copy can be more difficult if you married abroad – it’s by no means impossible.

If you need a certified copy of your marriage certificate, the best place to start is, if possible, your tour guide or wedding planner. If you used neither, the next-best place is the venue of your wedding and, failing this, the UK’s embassy in the relevant country.

In the event that your efforts don’t bear fruit, you can request that the court allow your application to proceed without your marriage certificate, though we’d recommend that you get a solicitor to assist you with this.

Is your marriage certificate in English?

If your marriage certificate isn’t in English, you’ll need to get a certified translation and submit this along with various other documents including your original/a certified copy of your marriage certificate. Most translators offer certification services for a nominal fee but it’s important that you check that they’re able to provide this before you part with your cash.

How does the divorce procedure differ?

The fact that you’ll need to submit a translation of your marriage certificate aside, the actual divorce process itself is identical to that used when a couple married in either England or Wales. The same forms will need to be completed and submitted to the court at different times accordingly.

If you have any further questions about how you can get a divorce, get in touch with Quickie Divorce today.

If you’ve committed adultery and your spouse is filing for a divorce, it’s fair to say that you’ll probably be feeling anxious about how your actions will affect the divorce process. Society, after all, persistently and mercilessly chastises those who engage in infidelity so it’s understandable that people in this very situation anticipate a punishment of some kind. Perhaps they’ll have to forego any claim that have to the marital home or will be expected to explain their actions to a judge before they’ll grant the divorce? However logical such assumptions may seem, however, they are ultimately incorrect.

A divorce reliant on adultery is, by-and-large, identical to a divorce reliant on any other ground. Yes, a few different boxes should be ticked and specific information needs to be provided but the forms are the same, should be submitted at the same time, are reviewed by the same individuals and are subject to the same timescales as any other application for a divorce.

As far as formulating a financial settlement goes, a spouse that committed adultery is, once again, at absolutely no technical disadvantage. A judge will happily approve any Consent Order (an order requesting that the court approve and make legally binding an agreement that the spouses have reached) provided it is reasonable and will not amend – or even suggest that a couple amend – their agreement for any reason.

The same is true if a couple are unable to agree how to divide their assets and, instead, need to ask a court to determine how things should be split. Again, many would assume that, as one party has effectively accepted that their actions led to the demise of their marriage, that their spouse will be entitled to a greater share of the marital assets, but this is not the case. Instead, a judge’s only instructions are to divide assets in a just and equitable manner that will allow both parties to continue to maintain the lifestyle to which they are accustomed as much as is practicable.

Why, then, is the spouse that is responsible for the divorce not face some degree of punishment? Because determining what causes a relationship to breakdown is ultimately a far more complex process than reviewing the contents of a document or focusing on a single or course of events.

The courts recognise that it is exceptionally rare that one party alone is responsible for the demise of a marriage and this is why it’s highly unlikely that relying on the grounds of adultery will have any bearing whatsoever on your financial settlement.

Earlier this week, I learnt that Italy’s coalition government intend to make a fundamental change to the country’s laws that, should it come to pass, will have a substantial effect on couples that separate or divorce: they intend to make shared parenting compulsory.

On the face of things, many people view shared parenting as the best possible arrangement a couple can reach following them having separated. It would – if it worked – ensure that the children involved maintain a relationship with both of their parents, that the parents themselves are afforded significant periods of rest and abolishes the need for one party to provide the other with child support. A government spokesperson has even gone on record describing such arrangements as “perfect co-parenting”. Whilst such arrangements may make sense on paper, however, they are rarely in the best interests of any children that are involved.

Shared parenting can harm children

A significant amount of research looking into the effects of divorce on children has been conducted with the resultant consensus being that a divorce itself does not necessarily harm children. Rather, it is arrangements and parental behaviour that is most likely to have a substantially adverse effect on children; specifically, children who are subjected to disruptive arrangements and whose parents are openly hostile towards one another.

This reveals the first major problem with shared parenting: having to spend an equal (or at the very least comparable) amount of time with both parents facilitates frequent change. In the event that either parent needs to relocate, this problem is exacerbated.

It’s also highly likely that parents will be required to be creative in order to meet the terms of such an agreement and, as this will lead to them needing to communicate with one another whilst the need to solve a problem has left them feeling anxious creating an environment within which their relationship is likely to degenerate.

Why parents shouldn’t be forced to spend time with their children

Whilst no one would dispute that the ideal post-divorce arrangement would see the children of the marriage have a relationship with both of their parents, forcing a child and there parent to spend time with one another will do more harm than good.

Sadly, there are parents that do not want to spend time with their children. The reasons why are multiple and I do not condone this in any way but, as a negative relationship with a parent can have a long-term and negative effect on a person’s mental health, enforcing contact is simply not in a child’s best interest.  

Under Islamic law, a husband can all but immediately divorce his wife by saying the word ‘talaq’ (Arabic for divorce) three times whether in person, over the phone or even in written correspondence. Unsurprisingly, this is a highly contentious practice that typically draws criticism from several quarters. As a result, many will no doubt be pleased to hear that the act has not just been banned but has become a criminal offence in India.

In accordance with Sharia law, the wife has no legal recourse available and cannot challenge her husband’s decision. India’s supreme court had previously dubbed the practice of the ‘triple talaq’ to be unconstitutional in 2017, but legislation criminalising the act came into force on Wednesday of this week. Despite this, however, 201 such divorces had been recorded in the period between this declaration and the government criminalising the act. This could still be replead, with the country’s Parliament required to officially pass it within the next six months, though this is largely seen as a formality and offenders can also be arrested and charged within this period.

India’s Muslim Law Board are understood to have challenged any plans to criminalise the ‘triple talaq’ in spite of them having taken the position that the act was ethically wrong. Several prominent progressive Islamic clerics supported change and have backed the government, however, which commentators have claimed played a big part in the legislation’s successful introduction.

Additionally, India’s Law Minister Ravi Shankar Prasad argued that a secular nation, such as India, simply could not allow such a practice to continue stating that it created a clear ‘gender imbalance’. Prasad further noted that the practice has already been outlawed in 22 countries including both Bangladesh and Pakistan, both of whom have Muslim-majority populations.

The country’s opposition are not expected to oppose criminalising the ‘triple talaq’ but are predicted to oppose the recommended three-year prison sentence in favour of something more lenient such as suspended sentences or even fines.

India is believed to have a Muslim population of approximately 170 million, amounting to roughly 17% of the country’s overall population, 81% of which is Hindu. The country’s current government has previously been accused of stoking religious tensions between the majority and minority religious groups with critics claiming that this latest move is little more than an attempt by the ruling Bharatiya Janata Party to further galvanise their position as a party that prioritises the interests of Hindus.

After a couple have made the decision to divorce, deciding on how they will divide their assets is likely to prove an extremely difficult task. It is, however, also an absolutely vital one with the money gleaned by each party certain to be used for a new home and anything else needed to effectively begin their lives anew.

Those that negotiate settlements are fully aware of this and are, as a result, likely to leave no stone unturned – no asset unreviewed – when assessing potential arrangements. Sadly, when the parties go it alone and decide against obtaining advice, one asset is often forgotten about: their pensions.

Often, people are unaware of the fact that their partner’s pension is something to which they will almost certainly have a reasonable claim. The basis of a fair and equitable divorce settlement is, after all, that both spouses are likely to be entitled to any asset if they contributed to its accumulation and, as any retirement funds either party has accumulated will have at the very least grown throughout the course of the marriage, this will clearly apply. When this is coupled with the fact that pensions are, after property, likely to be a couple’s most valuable asset, it becomes evident why it’s vital that they be considered when formulating a settlement.

Unfortunately, a recent study, conducted by charity Age UK, has revealed that many spouses are missing out on a share of their soon-to-be former partner’s pension because they are not being informed of their entitlement to it. The charity also claimed that women are far more likely to lose out and that, as 40% of women aged between 55 and 70 are known to be heavily reliant on their spouses’ pensions in retirement, the potential effects of failing to claim a portion of this asset can be truly devastating.

The charity has called for private pensions to be considered in all divorces and for the equal division of the relevant funds to become standard practice, claiming that this represents a vital step in the overall fight for gender equality.

Ultimately, all assets will need to have been disclosed to both parties in order to for any agreement or settlement to be binding. If the value of a pension was not disclosed, then the settlement can be challenged and altered. Anyone that thinks they may have been affected by this should seek legal advice immediately.

Alternatively, if you’ve been lucky enough to agree how you and your spouse will divide your assets, including your pensions, you can keep more of your money and make your agreement legally binding with a clean break divorce from Quickie Divorce.

People that contact Quickie Divorce regularly ask us if they’re in a position to file for divorce. Essentially, they want to know if they meet the requirements needed in order to file for a divorce. This is a relatively easy question to answer; in order to be eligible for a divorce you must:

• Have been married to your spouse for at least 12 months; and
• You and your spouse must be living separately (you can be living separately whilst sharing a home. Click on the link to find out more).

In order to truly answer this question effectively, though, it’s essential that we not only determine whether the person making this enquiry is legally able to file for a divorce, but also that that they’re prepared to do so. This is why, following us having determine that the person can file for a divorce, we ask them the following questions:

• Have you split your assets?

Surprisingly, it is not necessary to have agreed how things like properties, savings and pensions will be divided and you can get divorced without having any kind of agreement in place. We’d strongly recommend that you not only agree such matters but that you also make them legally binding – and thus prevent future claims – by getting a clean break order (more commonly known as a consent order) too.

• Have you agreed arrangements for your children?

Again, you don’t have to have agreed arrangements for any children you may have but we’d recommend you put them in place before starting the divorce process.

There’s no need to put a formal agreement in place, but we’ve always noticed that parents find it easier to stick to arrangements when they’ve been agreed before their divorce has been finalised.

• Have you been living separately for at least two years?

As we’ve said previously, you can file for a divorce provided you and your spouse are living separate lives. If you haven’t been living separately for two years or more, one spouse will effectively need to accept that they were responsible for the breakdown of the marriage.

Many people working within the legal world have criticised this setup and, with the government having recently announced that they intend to review this aspect of the divorce process, this may soon change. For now, though, one spouse will need to either admit to having committed adultery or having behaved unreasonably.

Whilst this will not have any negative effect on the spouse that accepts this responsibility, it’s advisable that both parties get together and agree the finer points before filing. If you don’t, the party that needs to accept blame could become difficult and potentially prevent your divorce from going through.

Divorce in England and Wales could soon undergo a fundamental and, many would argue, long overdue change: the UK government are set to launch consultations which could lead to the introduction of no-fault divorce as well as prevent spouses that may disagree from contesting divorce applications.

Currently, unless a couple have been separated for two years and agree to the divorce (five years if one party disputes it) then blame will need to be apportioned to one party. This means that the party that is blamed for the breakdown of the marriage will be accused of either adultery or having behaved so unreasonably that their spouse could no longer be expected to remain married to them.

Critics of the current setup – including solicitors and judges – have long criticised it, arguing that it can cause unnecessary conflict. Others have also pointed out that several surveys and studies have revealed that most couples separate because they have simply fallen out of love with one another and that the two years such couples must wait before they are able to obtain a divorce is excessive. Furthermore, detractors have cited recent statistics that revealed that as many as a third of Divorce Petitions relying on behaviour-based grounds contain false claims fabricated by couples in order to circumvent time limits.

All in all, the vast majority of commentators agree that removing blame from the divorce process would be positive.  This and the recent case of Tini and Hugh Owens would suggest that this matter has reached a tipping point and that legislators will listen and update laws that many view as outdated. There are still some who oppose changes to divorce law and identical legislation almost came into force more than two decades ago in 1997.

The argument against no-fault divorce

Those who are most prominently and vocally opposed to no-fault divorce include religious organisations and the socially conservative. They argue that it will undermine the institution of marriage, that divorce inevitably harms any children that may be involved and that the demise of the traditional nuclear family has led to various social ills such as an increase in crime, anti-social behaviour etc.

Whilst there are those who will inevitably oppose the introduction of no-fault divorce, however, we firmly believe that, on this occasion, the relevant legislation will both be passed and come into force. Society is more liberal meaning it’d be a less risky move for the incumbent government and, more importantly, there is no evidence to suggest changing divorce law would have a substantive effect on the rate at which people end their marriage or their emotional wellbeing.  

A little knowledge, as they say, can be a dangerous thing – this is particularly true of divorce in England and Wales. There are numerous common myths surrounding divorce and, as these can prevent people from achieving fair settlements or from even pursuing a divorce altogether, we thought we’d dispel some of the most common. Here goes.

Assets need to be divided 50/50

It may seem sensible to divide everything right down the middle but in reality, it’s anything but; trying to divide everything completely equally is actually extremely problematic!

Fortunately, assets can actually be divided in any way that a couple sees fit if they’re able to agree between themselves. Even in the event that they’re not, an equal divide is only used as a starting point with the court required to ensure that each party receives assets that enable them to continue to live in the manner to which they’re accustomed.

All financial ties end with a divorce

Again, it’s logical to assume that all financial ties (with the exception of child maintenance payments) are severed once a divorce is finalised. This is far from the case, however, and there are even examples of claims being lodged more than a decade after divorce have been finalised.

Ultimately, a claim remains possible until an agreement is made legally binding. This can be done via a Consent Order if the couple arrived at an agreement without the need to attend court. Alternatively, the courts will issue an order following them having ruled on how assets should be divided if it was necessary for the couple to ask them to rule on this matter.

Adultery affects financial settlements

Yes, on the face of things it’s reasonable to conclude that a spouse that commits adultery should receive a less favourable settlement, but the courts don’t see it that way – and they have a pretty good reason.

Whilst a Divorce Petition may cite adultery as the reason a marriage has irretrievably broken down, this is just one side of the story. In order to determine whether or not a spouse’s behaviour should result in them receiving a reduced settlement, you’d have to investigate in more depth in order to ensure fairness – and this simply isn’t possible.

You’re automatically divorced after living separately for five years

Now, whilst the previous myths we’ve discussed are grounded in logic, this one certainly isn’t. In spite of this, though, it continues to pervade.

This myth is easily dispelled, however, when it is pointed out that only the courts can grant a divorce and that there is no way they would have known a couple had separated if they had not been informed.

Yes, if you and your spouse have been living separately for more than five years, you’ll need to go through the divorce process like everyone else.

It’s always expensive

Undoubtedly the most common myth about divorce is that it’ll always cost both spouses thousands of pounds. Thanks to Quickie Divorce, this hasn’t been the case for nearly two decades!

Our online divorce services start at just £37 and, as you may not even need to pay the court fee for divorce, you’d be surprised just how cheap a divorce can be.

Often, couples will separate and, whilst they are no longer living together as husband and wife, will remain legally married for several years or even decades. Such arrangements are actually far from uncommon with the couples involved usually content that their spouses will make no claim against their assets and therefore happy to forego the divorce process and all associated costs.

Sometimes, this arrangement continues undisturbed with the marriage only legally ending when one spouse passes. On other occasions, one spouse will meet someone new, the relationship develops and they find themselves proposing. People in this position will know that they’ll need to get divorced, but misunderstandings regarding what is and what isn’t legal under these circumstances are worryingly common and, as this could result in someone committing the criminal act of bigotry, we thought we’d clear things up.

You cannot remarry until your divorce is finalised

Now, even this statement could be misconstrued. Many people assume that, as a judge has confirmed that their divorce can go ahead following them having granted them a Decree Nisi, they can go ahead and re-marry following this. This is not the case and you must wait until a Decree Absolute has been granted before remarrying lest you will have committed the criminal act known as bigamy.

What are the consequences for committing bigamy

Bigamy is a serious offence and carries a potential prison sentence of up to seven years. There are examples of more lenient sentences and fines being issued, however, where the accused had reasonably believed that their spouse had either passed away or that they considered themselves to have already been divorced.

What if you don’t know where your spouse is?

Of course, when couples have been living apart for several years, it’s not unusual for them to become completely estranged and lose contact with one another entirely. If this has happened and you don’t know where your spouse now lives, there are a few things you can try to try and locate them including:

• Trying to obtain your spouse’s current address by contacting their friends, family members, co-workers etc.
• Checking the electoral roll.
• Employing the services of a private detective

In the event that you are unable to locate your spouse after having exhausted these means, you can request that the court allow you to divorce them without their knowledge.

But couldn’t my spouse have divorced me?

Yes, they could have tried to locate you and, following them having failed, asked the court to grant them a divorce without your knowledge. Finding out whether or not has happened can be extremely problematic and, sadly, an online divorce provider won’t be able to help you. Instead, you’ll need to contact a solicitor.

‘How do you get a divorce when you’re in a civil partnership?’ may be a question that we hear less frequently following the introduction of legislation allowing same-sex marriage having come into force just over four years ago but it’s still by no means uncommon. Plus, a recent landmark ruling allowed a heterosexual couple to join in a civil partnership and we expect that they’ll now become more popular amongst younger couples who find the institution of marriage to be a little dated. So, now seems like an appropriate time to outline how the divorce and dissolution process differ from one another.

The divorce petition (form d8)

Whilst it’s commonly known as a Divorce Petition, form d8’s technically known as the ‘Application for a divorce, dissolution or (judicial) separation’. This form can therefore be used to request that a court end a marriage or a civil partnership.

Indeed, the very first question of this standard form asks the Petitioner (the person applying) if they are requesting a divorce on the ground that their marriage has broken down irretrievably or to dissolve their civil partnership on the basis that this, too, has irretrievably broken down.

The remainder of this document should be completed in exactly the same way it would if a divorce were being sought. There is, however, one thing that should be noted about one of the five potential ‘facts’ that can be relied upon as proof of the fact that the marriage has broken down.

Adultery can be problematic

Due to the fact that civil partnerships were only available to same-sex couples for several years, applicants can encounter problems if they are relying on adultery. In order to for someone to have committed adultery, they must have had penetrative intercourse with a member of the opposite sex. As a result, if one party had a sexual relationship with someone of the same sex, this will not be viewed as adultery by the courts and the dissolution application will be unable to proceed. Sadly, the same problem exists today and will, we’re certain, continue to cause problems for same-sex couples unable to divorce on this basis until the law is updated appropriately.

Can Quickie Divorce help dissolve civil partnerships?

Yes, absolutely. With the process being all but identical to the standard divorce process, we can help as long as both parties agree.

To find out more about how we can help you simply click here and find out how to contact the UK’s leading divorce provider today.

The divorce process itself is relatively straightforward when both parties are in agreement. So simple, in fact, that it can be broken down into just three steps:

1. File a Divorce Petition
2. File for a Decree Nisi
3. File for a Decree Absolute

At each stage, the divorce application will progress following the Petitioner (the person filing for the divorce) and the Respondent (their spouse) submitting certain documents to the courts. This can be summarised in five steps:

1. The Petitioner will submit a Divorce Petition (also known as form D8) to the court
2. The Respondent will be sent a copy of the Divorce Petition along with an Acknowledgement of Service (also known as form D10). The Respondent will need to complete and return this document to the court.
3. The Petitioner will then be sent a copy of the Acknowledgement of Service and will need to complete a Statement in Support of Divorce (form D80) and an Application for Decree Nisi (form D84) and submit them to their chosen court. Copies of both forms will be sent to the Petitioner along with the Acknowledgement of Service.
4. The courts will inform the Petitioner and Respondent of when their Decree Nisi is to be granted and will also send the Petitioner an Application for a Decree Absolute (form D36).
5. The Petitioner will complete the Application for a Decree Absolute and send this to the court. The Petitioner must wait until six weeks and one day have passed from the date on which their Decree Nisi was granted.

Other things you need to know about getting divorced

Whilst the divorce process itself is relatively straightforward, there are several pieces of information that you’ll need to know if you’re planning on filing for divorce. These are:

You’ll need to find your marriage certificate

In order to file for a divorce, you’re going to need to provide the courts with either the original or a certified copy of your marriage certificate. If you can’t find yours, you can find out how you can get a new marriage certificate here.

You should find out if you need to pay court fees

When filing for a divorce, you’ll need to pay a fee of £550 to the courts. A lot of people don’t know, however, that they’re likely to be entitled to a discount in this fee or, in some instances, may not need to pay it at all.

If you file without applying for a review of these fees, however, you’ll need to pay the full £550 upfront (though you can claim it back if you later discover you would have received a discount). You can find out if you’ll need to pay court fees here. Alternatively, click here if you’ve already paid the court fees and want to claim them back.

You’ll need to choose your grounds for divorce

When you file for a divorce, your petition will need to rely on one of five grounds as proof of the fact that your marriage has irretrievably broken down. These are:

• Adultery
• Unreasonable Behaviour
• Desertion
• Two-Year Separation with Consent
• Five-Year Separation.

Of these reasons, desertion isn’t really used as it’s extremely difficult to prove. Those relying on a period of separation are self-explanatory (though it’d be worth familiarising yourself with the legal definition of ‘separated’). Adultery is also self-explanatory but you cannot cite your own adultery and the legal definition is very specific so it’s worth reading this article in order to find out if you can get a divorce on the grounds of adultery.

Unreasonable behaviour is undoubtedly the ground that requires the most thought due to the simple fact that a successful application will need to cite at least four examples of the Respondent’s unreasonable behaviour. The good news is that numerous examples will be accepted, and we’ve prepared three separate posts on this very subject. You can find links to them below:

• Examples of unreasonable behaviour in a divorce
• Five more examples of unreasonable behaviour in a divorce
• Another five examples of unreasonable behaviour

You should finalise any financial agreements

If you and your spouse have reached an agreement concerning the division of your assets such as properties, savings and pensions, these aren’t going to be made final as a result of you getting a divorce.

Instead, you’ll need to finalise these agreements with a Clean Break divorce. If you don’t, your spouse could make a claim at any time in the future.  

You don’t need to formalise arrangements regarding your children

Many divorcees assume that the courts won’t grant them a divorce if they can’t provide proof of the arrangements they have in place for their children, but this is not the case and the divorce process does not change if a couple have children.