The divorce process in England

Divorce process in England - legal analysis of the situation

Divorce is always a difficult process, accompanied by emotional and financial costs. Divorce outside the native country is especially complicated. In the UK, this process can be expensive and time-consuming, but thanks to clear legislation, many Britons choose to resolve matters without the help of lawyers. However, for foreigners, in particular Ukrainians, the procedure can be more complicated. We will provide detailed information on how to file for divorce in England.

How to dissolve a marriage in the UK: the annulment process

A marriage can be annulled at any time after its conclusion in the following cases:

• One ​​of the spouses was younger than 16 at the time of the marriage.
• The marriage was concluded between close relatives.
• One ​​of the partners was already married at the time of the marriage.

In addition, there are "disputable" marriages that can be annulled in England:

• Marriage contracted under duress.
• One ​​of the partners was intoxicated during the marriage.
• Pregnancy of one of the spouses from another person.
• Absence of sexual relations during married life.
• The presence of a venereal or dangerous sexually transmitted disease at the time of marriage.

Can I file for divorce in England?

If you are a permanent resident of the UK, you can also start divorce proceedings in the country. Divorce is usually heard in an English court if the spouses have joint property or financial obligations.

The Divorce and Separation Act, which came into effect on April 6, 2022, changed the legal requirements and procedure for divorce, eliminating the possibility of accusations about the conduct of one spouse and allowing divorce by mutual consent.

The law also specifies a mandatory period of 20 weeks from the time of application to the possibility of receiving a conditional decree, which gives couples time to think and review the decision.

There is a government application fee of £593, but this can be refunded in some cases.

Divorce procedure in England

The divorce process in England takes place in three main stages:

• Dissolution of marriage: at this stage, the marriage is officially dissolved and deregistered.
• Settlement of issues about children: it is determined where minor children will live and what the conditions of their maintenance will be.
• Financial settlement: includes the distribution of assets and discussion of the terms of further fulfillment of obligations to creditors.

The new divorce procedure that came into force excludes the possibility of challenging the process, if it is not based on jurisdictional grounds. Although divorce can be relatively straightforward, dealing with financial and child-related issues can be difficult. Contact our divorce attorneys for clear guidance and assistance in understanding all aspects of your divorce and making informed decisions.

Current questions and answers to the topic

Legal analysis of divorce in Great Britain

The legal analysis of the divorce process in the UK includes several key aspects: compliance with new legislation that makes it easier to divorce by mutual consent without proving fault; a three-step process covering divorce, child custody and financial issues; mandatory minimum period of 20 weeks for reviewing the decision; and the importance of dividing property and financial obligations. It is also important to consider the possibility of an appeal based on jurisdictional grounds and to receive professional legal support for the proper preparation of documents and representation in court.

Legal audit of the situation

The divorce process in England involves a thorough study of legal aspects such as the division of property, obligations to children and financial issues that arise during a divorce. A legal audit of the situation helps to assess marriage contracts, credit obligations, the place of residence of minor children and determine the amount of alimony. With the 2022 changes to the Divorce Act including a cooling-off period, it is important to conduct a legal analysis of the options for challenging the judgment based on jurisdictional grounds.