Common Causes for a Divorce
In the UK the only real grounds for divorce is the irretrievable breakdown of a marriage. The person bringing the divorce action has to provide certain facts to their solicitor, who would then put the information in a form that was acceptable to the court. Couples cite many reasons for the irretrievable breakdown of their marriage, including physical and mental cruelty and sex. According to a recent study by a firm of UK solicitors, sex is often cited by people who want to divorce and can include infidelity, consistent denial of sex and perverse sexual practices.
The study found that sex was said to be the cause of as many as 43 percent of UK divorces. Unacceptable sexual practices would be used as factual evidence that a marriage had irretrievably broken down. While it is possible to get a divorce on the grounds of adultery, it can take a long time to prove and this can make an already expensive process exorbitantly so. People may cite lifestyle differences as the reason their marriage has broken down and this may include work pressures, cultural differences and children leaving home. Differing attitudes to finances can also play a huge part in why a marriage has broken down.
Nowadays, around one in ten cases will cite domestic violence, while the number is still small it is a growing number. Under UK divorce law, violence can include physical, sexual, emotional, mental and psychological abuse. The courts, however, will not grant your divorce on these factors but on the fact that the marriage has irretrievably broken down, albeit as a result of these causes. Violence and sexual matters may all come under the umbrella heading of unreasonable behaviour on the part of the other person.
You should seek the advice of a divorce solicitor as soon as you decide to separate and divorce. Your solicitor will listen to what you have to say and explain the divorce process to you. What you tell the solicitor will then be put into a document couched in legal terms and which the court will accept. Your solicitor will usually explain these terms and tell you that while irretrievable breakdown has to be proved on the grounds you have stated, the divorce is only obtained through irretrievable breakdown. Before any documents are sent off to the court you and your spouse will need to sign and return them to your respective solicitors. Once the documents have been received back by the solicitors they will file them with the court.
Even after the required documentation, including any agreements regarding the care of children and the division of assets have gone to the court, it can take several months before you get a decision. You will then receive what is called a decree nisi, telling you that providing neither of you raise objections, the divorce will be made final six weeks later. After six weeks you will receive a document known as the decree absolute and it is this that makes your divorce final.