Divorce in UK - By: James Wallis

I have found that in the UK the most common demographic factors identified for couples are likely to divorce due to marrying younger than the average age of marriage, having a pre-marital birth, job stress or having been divorced earlier etc. The reasons for divorce vary but the general trend is still one of fewer marriages coupled with higher divorce rates. As surveys show, divorce in England and Wales is based on irretrievable breakdown of the marriage but this breakdown must be proved by evidence of one of five facts:-

Adultery

Unreasonable behaviour

Desertion

Two year’s separation with consent

Five year’s separation without consent

Unreasonable behaviour is the most frequent ground for divorce in UK law. It is the reason cited by most couples who want an instant divorce in cases where no adultery is involved. Generally, they want a divorce based on irreconcilable differences. When there is an unhappy marriage and a want to bring it to an end, this is perfectly natural and understandable. Due to this it is not possible to obtain a divorce based on irreconcilable differences.

According to English law, to obtain a divorce one should insist the following grounds: that the marriage has broken down irretrievably and that one of the parties to the marriage has behaved in such an unreasonable manner that the other finds it intolerable to live with him or her. Or, at least what it requires if divorce is sought on the ground of unreasonable behaviour.

Although this sounds difficult thing to prove, the reality of the matter is that the courts do not set a very demanding standard. The courts therefore adopt quite a relaxed altitude of unreasonable behaviour which one has to allege in order to get the divorce. I do feel it is a pity that couples are forced to do this because there are many cases where the couple has simply drifted apart and they do not really hold any animosity towards one another. Details of unreasonable behaviour in an undefended divorce petition are not divulged to the general public and so in general no one but the parties themselves need ever know what was in the petition.

Perhaps I can explain better with an example:

Suppose a husband hits his wife and as a result the wife decides that the marriage is over but does nothing about it. She continues to live with her husband but there is no incident of violence anymore. At any time within six months from being hit by her husband the wife could present a petition for divorce based on this unreasonable behaviour if she wished but once they have lived together for more than six months afterwards she can no longer rely on this incident.

Even in this case, one should not wait too long. There gets a point where one simply cannot complain about the behaviour of one’s spouse if she/he is not actually there to be unreasonable.

The rate of divorce fell in every group apart from women aged 60 and over, where it rose by 2%. Divorce for 60 and above age group has been on the increase since 1998 for men and women, apart from men in 2005 where the rate dropped by 1%. Across the whole of the UK, the surveys tell us that divorce fell by 7% to 155,052 compared with 167,138 in 2004. Divorces fell by 8% in 2005. Divorce rates for men and women under 40 have fallen steeply by 13% and 12% respectively in 2005. Not since 1990 has the divorce rate for women aged less than 40 been at this level: 24.7 divorcing woman per 1,000 married women aged 16 to 39 in 2005. For 69% of divorces in 2005, the wife was granted the divorce, and in 53% of these cases the husband’s behaviour was citied as the fact proven.

Where divorces were granted to the husband, the most common fact proven was two years’ separation with consent 32%. According to National Statistics, divorce rates have risen over the past three years since falling back from the level reached in 1996. According to Statistics in 2007, marriages which ended in divorce were lasting on average slightly longer at 11.6 yrs in 2005, compared to 11.5 yrs in 2004. With the divorce rate at an all time high, it is important to have a full understanding of divorce laws. Nearly 50% of all marriages will end in a divorce.

Some of the alternative legal actions are given to those who can still feel that they can have alternative solutions in their own life. Out of which, marriage counselling, may be an appropriate solution. A court may not allow you to get divorced if it does not think that you have made any attempt to reconcile your differences. If separation is expected to last for any length of time, the parties should write an agreement to settle all issues necessary for them to live apart. There is Legal Separation which one or both have particular religious beliefs that prevent you, from applying for a divorce. The procedure to obtain a judicial separation is the same as the procedure for divorce. A separation agreement is a written agreement between a husband and wife on how matters relating to a marriage will be resolved. The terms of the agreement will depend upon whether it is intended to be a short term or long term agreement.

One disadvantage of a separation agreement is that the court is not involved, and so there is no outside sanction if, for instance, either party is reluctant to give disclosure of their financial position or no agreement can be reached. Well, I feel when discussing judicial separation and a divorce there is a difference which is that at the end of the process for Judicial Separation you are still married, while at the end of the process for Divorce, you are not. In a Trial Separation, you aren’t sure that your marriage is really over. Also, living together is not easy and it may be that one or both of you would like time to think things over again.

To conclude, I would like to say both Separation and Divorce are devastating, especially if you have children. They suffer badly with the affects of the situation; having a hard time to understand what’s going on within their family. They will want their parents together again no matter what reason they find to separate.

About the Author

James Walsh is a freelance writer and copy editor. If you want to find out more about a solicitor managed divorce see http://www.managed-divorce.co.uk

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