Jurisdiction of proceedings
The criteria for divorce in the UK also concerns the jurisdiction in which proceedings are raised. Jurisdiction for divorce is determined by whether the parties have a connection to the country in which they are seeking divorce. You must determine whether you can file for divorce in England – this is based on the domicile or habitually resident test.
A UK court has jurisdiction to hear a divorce case if at least one of the following is met:
- Both parties are habitually resident in the UK;
- The respondent is habitually resident in the UK;
- The applicant is habitually resident in the UK and has resided there for at least 12 months prior to the application;
- The applicant is domiciled in the UK and has been habitually resident there for at least 6 months before the application;
- Both parties are domiciled in the UK.
“Domicile” refers to a person’s permanent home, while “habitual residence” relates to where someone lives regularly and is integrated into the social and cultural environment.
Grounds for divorce
The sole basis for divorce now is the irrevocable breakdown of the marriage. There used to be separate grounds under which divorce proceedings could be made. These were adultery, unreasonable behaviour, desertion, separation with consent or separation without consent.
The Divorce, Dissolution and Separation Act 2020, which came into force in April 2022, removed the requirement to provide detailed reasons for a divorce which is also referred to as a ‘no-fault divorce’. By removing the concept of fault from the divorce process, you can reach an amicable separation for the divorcing parties.
What is a no-fault divorce?
No-fault divorce allows couples to apply for divorce without explaining or proving the bad behaviour of the spouse. This makes the process of obtaining divorce much simpler for all parties involved and it is less contentious.
Moreover, a no-fault divorce provides increased privacy because it does not require the parties to raise allegations or provide evidence of bad behaviour in court. This will be beneficial for couples who want to keep their divorce private, especially if there are sensitive matters involved.
Overall, a no-fault divorce may help to reduce any future conflict between the divorcing parties by avoiding the blame game completely. It may also be less expensive than a traditional divorce as it minimises the amount of solicitor and court time involved in the case.
Legal separation or Annulment
You can also get a legal separation or annulment, and you can apply for this during the first year of marriage. It is beneficial if you want time and space to work out if you want to end the marriage or civil partnership.
A legal separation allows you to separate, without divorcing and you can choose to work out the arrangements for looking after children, maintenance payments and/or dividing money and property.
How long does it take to get a divorce?
There is a minimum waiting period of 20 weeks between the application being issued and the applicant being able to apply for the conditional order. Plus, a further 6 weeks and 1 day between the conditional order and Final Order.
This is a longer period than under the old rules pre-April 2022. This gives divorcing couples the opportunity for additional time to consider their options and potentially reconcile before moving forward with finalising the divorce.
