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Top 12 most common questions about divorce in the UK

Our team has handled a wide variety of divorce cases and these are the top 12 most common question asked by our clients about divorce.

  • Aishaa Saddique

Our team has handled a wide variety of divorce cases and these are the top 12 most common question asked by our clients about getting divorce in the UK.

Top 12 most common questions about divorce in the UK - Nido Legal

1. How long must you be married to file for a Divorce?

You must have been married for at least one year.


2. What is the criteria for filing for a Divorce?

Your relationship must have permanently broken down.

Your marriage must be legally recognised in the United Kingdom.

The United Kingdom is your permanent home or the permanent home of your spouse.


3. What documents do I require to file for a Divorce?

Your spouse’s full name and address.

Your original marriage certificate or a certified copy.


4. What are the grounds for divorce?

Adultery.

Unreasonable behaviour.

Desertion.

Separated for at least two years.

Separated for at least five years.


5. Do I have any other options if I don’t wish to divorce my partner?

Yes, you may apply for a judicial separation or annulment.


6. What is a judicial separation?

A judicial separation allows you and your spouse to live apart without having to end the relationship or civil partnership. You do not need to show that the marriage has irretrievably broken down.


7. In what situation can judicial separation be considered?

You have been married for less than a year.

You wish to have some time apart from your spouse to enable you to decide if you wish to end the marriage or civil partnership.

You have religious reasons against having a divorce.


8. What is an annulment?

An annulment is a process to end your marriage if you believe that the marriage was never valid (void).


9. What is the criteria for an annulment?

You and your spouse must have lived in England or Wales for at least a year.

You have a permanent home in England or Wales for a period of at least 6 months.


10. When can a marriage be annulled?

A marriage can be annulled if it was not legally valid in the first instance. For example:

  • You or your spouse was not of the legal age to marry.

  • You’re closely related to the person you married.

  • You or your spouse was already married or in a Civil Partnership when you got married.


11. What do I need to show to apply for an annulment?

You must be able to show that the marriage was not legally valid (void).


12. When is a marriage voidable?

You were forced into the marriage.

The marriage was not consummated. This means you have not had sexual intercourse with the person since you got married.

Your spouse was pregnant with someone else’s child at the time of marriage.

You or your spouse lacked the mental capacity at the time of marriage (Either may suffer from a mental illness or may have been heavily intoxicated).

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