The Masked Tulip Posted December 2, 2015 Share Posted December 2, 2015 I was browsing the divorce rules and came across the below information at: https://www.justdivorce.co.uk/frequently-asked-questions What are the grounds for divorce?There is one ground for divorce, namely that the marriage has irretrievably broken down. This can be proved in one of five different ways - five years separation, two years desertion, two years separation with consent, adultery, or unreasonable behaviour. Not knowing much about divorce I found this a tad perplexing. Does the above basically mean that a couple have to live in misery for a few years before the law accepts their divorce petition? Regarding adultery - presumably you would have to have some proof? What if the other partner denies it? Or is the unreasonable behaviour the catch-all for kick-starting the divorce process? Link to comment Share on other sites More sharing options...
SarahBell Posted December 2, 2015 Share Posted December 2, 2015 No one lists adultery any more. (I assume)But there are a few contested divorces every so often. A solicitor friend of mine did two within a short space of time. Generally a judge will grant a divorce when one party asks for it, because it half the marriage thinks it's over, then it is.My ex-husband argued that the unreasonable behaviour I stated he did was wrong and corrected it for me. That's the joy of OCD though. Link to comment Share on other sites More sharing options...
R K Posted December 2, 2015 Share Posted December 2, 2015 No No Yes Depends how much of your assets you/spouse want to give to solicitors. Link to comment Share on other sites More sharing options...
The Masked Tulip Posted December 2, 2015 Author Share Posted December 2, 2015 Why does no one cite adultery anymore? Is it too common? Or is it shameful? Why? Link to comment Share on other sites More sharing options...
R K Posted December 2, 2015 Share Posted December 2, 2015 Why does no one cite adultery anymore? Is it too common? Or is it shameful? Why? One presumes because most women can easily find something encompassed by "unreasonable behaviour" (to them). Link to comment Share on other sites More sharing options...
The Masked Tulip Posted December 2, 2015 Author Share Posted December 2, 2015 One presumes because most women can easily find something encompassed by "unreasonable behaviour" (to them). Link to comment Share on other sites More sharing options...
bendy Posted December 2, 2015 Share Posted December 2, 2015 One presumes because most women can easily find something encompassed by "unreasonable behaviour" (to them). Like breathing? (Spending too long on here seeing wimmin' as grumpy OT'ers do! ) Link to comment Share on other sites More sharing options...
winkie Posted December 2, 2015 Share Posted December 2, 2015 I would have thought any person no longer a couple/living together are divorced from each other...... . Link to comment Share on other sites More sharing options...
The Knimbies who say No Posted December 2, 2015 Share Posted December 2, 2015 Thought the 'unreasonable behaviour' line is the easy one, just cite anything you like. Don't think there is/can be any burden of proof as if someone files for divorce then it's over regardless as Sarah says. Link to comment Share on other sites More sharing options...
The Masked Tulip Posted December 2, 2015 Author Share Posted December 2, 2015 Thought the 'unreasonable behaviour' line is the easy one, just cite anything you like. Don't think there is/can be any burden of proof as if someone files for divorce then it's over regardless as Sarah says. So if someone says unreasonable behaviour and the other contests the whole thing could drag out for... how long? Link to comment Share on other sites More sharing options...
JoeDavola Posted December 2, 2015 Share Posted December 2, 2015 If we take the amount of people that get married every year, and the various industry's which rely on that, and then take the number of people who get divorced every year, and all the people who profit from that (namely law folk); it would be interesting to see just how much the 'marriage & divorce industry' is worth each year in this country and/or America. Just googled it and found this: Every year in the United States, there are one million divorces – that's one every 36 seconds, nearly 2,400 divorces per day and 16,800 divorces per week. It's hardly surprising, then, that the American divorce industry is worth a whopping $50 billion annually – that's a hell of lot of heartbreak. Source: https://www.vice.com/en_uk/video/heartbreak-hustle-923 Link to comment Share on other sites More sharing options...
The Eagle Posted December 2, 2015 Share Posted December 2, 2015 Consensual divorce can take as little as 3 months in the UK, at least that's the time it took for a friend of mine (with no lawyers involved). Link to comment Share on other sites More sharing options...
gilf Posted December 2, 2015 Share Posted December 2, 2015 Why does no one cite adultery anymore? Is it too common? Or is it shameful? Why? It used to be that we had fault based divorce laws, which when going to court would mean the court looked more favourably on those that were wronged. Doesn't work like that any more but it clouds the issue significantly and people are still afraid that if they admit guilty it impacts them when it comes to settlements and custody. It's also very difficult to 'prove' adultery unless there is a baby involved and so if you go down that route you need to get the other person to admit it, which given the previous statement is difficult. When I got divorced it only took a couple of months (2 years ago), no solicitors involved. To go down the unreasonable behaviour route you need about 5 clear issues which you have to detail. The ones my ex-wife made up were frankly hilarious, if it's uncontested then the courts really don't care what it is. Link to comment Share on other sites More sharing options...
Frank Hovis Posted December 2, 2015 Share Posted December 2, 2015 Consensual divorce can take as little as 3 months in the UK, at least that's the time it took for a friend of mine (with no lawyers involved). Did that include any financial settlement? I'm not clear if cancelling the marriage and agreeing the division of assets and future income are separate processes. Link to comment Share on other sites More sharing options...
The Eagle Posted December 2, 2015 Share Posted December 2, 2015 Did that include any financial settlement? I don't know the details other than that they had no disagreements and settled everything amicably. That's why no lawyers were involved. The marriage lasted only two years so there wasn't that much to split up. Link to comment Share on other sites More sharing options...
Frank Hovis Posted December 2, 2015 Share Posted December 2, 2015 I don't know the details other than that they had no disagreements and settled everything amicably. That's why no lawyers were involved. The marriage lasted only two years so there wasn't that much to split up. Nice to hear. Unless you're a divorce lawyer. Link to comment Share on other sites More sharing options...
gilf Posted December 2, 2015 Share Posted December 2, 2015 Did that include any financial settlement? I'm not clear if cancelling the marriage and agreeing the division of assets and future income are separate processes. Technically they are yes, but can both be done at the same time, that's what me and my ex-wife did. The petition and response for the divorce contained the relevant documentation that detailed our financial agreement. Link to comment Share on other sites More sharing options...
Frank Hovis Posted December 2, 2015 Share Posted December 2, 2015 Technically they are yes, but can both be done at the same time, that's what me and my ex-wife did. The petition and response for the divorce contained the relevant documentation that detailed our financial agreement. Thank you. Link to comment Share on other sites More sharing options...
ccc Posted December 2, 2015 Share Posted December 2, 2015 If we take the amount of people that get married every year, and the various industry's which rely on that, and then take the number of people who get divorced every year, and all the people who profit from that (namely law folk); it would be interesting to see just how much the 'marriage & divorce industry' is worth each year in this country and/or America. Just googled it and found this: Source: https://www.vice.com/en_uk/video/heartbreak-hustle-923 So they are taking an average cost of $50,000 per divorce in the US ? Sounds crazy - but knowing Medical costs etc.. not unexpected. Link to comment Share on other sites More sharing options...
sPinwheel Posted December 2, 2015 Share Posted December 2, 2015 What if you can't afford to divorce, you just stay married forever? Link to comment Share on other sites More sharing options...
SarahBell Posted December 2, 2015 Share Posted December 2, 2015 So if someone says unreasonable behaviour and the other contests the whole thing could drag out for... how long? 5 years. But all that means is you can't rush into another marriage quickly which might save some people another divorce. Link to comment Share on other sites More sharing options...
The Masked Tulip Posted December 2, 2015 Author Share Posted December 2, 2015 5 years. But all that means is you can't rush into another marriage quickly which might save some people another divorce. So people could drag out all the financials, the house, etc, etc, for 5 years? Link to comment Share on other sites More sharing options...
SarahBell Posted December 2, 2015 Share Posted December 2, 2015 So people could drag out all the financials, the house, etc, etc, for 5 years? Yes if they wanted to. It's madness if you're paying a solicitor. Unless you just want to make sure there's no money left to give away. Link to comment Share on other sites More sharing options...
CunningPlan Posted December 2, 2015 Share Posted December 2, 2015 My wife divorced her first husband very easily - the only argument was who was going to pay the £30 filing fee - but they knew from the minute they married that it was a mistake. In fact, her ex father-in-law knew as well and offered her £25k not to marry him. Should have taken it! They are still good friends though 25 years later. Ex then went on to marry an American to get his green card. Total convenience wedding. Problem is, some years down the line, he never got round to divorcing the American. He has just inherited some serious (think many £millions) from his father. Now trying to find the 'wife' to get the divorce sorted before she finds out (she never knew who his father was and he was quite a well known person). Some people just aren't lucky in marriage! Link to comment Share on other sites More sharing options...
winkie Posted December 2, 2015 Share Posted December 2, 2015 What if you can't afford to divorce, you just stay married forever? If not legally married no need for a legal divorce...... Link to comment Share on other sites More sharing options...
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