Welcome to this legal advice and update page which offers a general introduction to the legal issues and processes involved in a divorce. PLUS updates on divorce are provided by some specialist family law firms and divorce solicitors.
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Divorce procedures are slightly different between England and Wales, Scotland, and Northern Ireland.
You have to have been married for at least a year in England and Wales before you can apply for a divorce. There is no minimum time bar in Scotland but, in Northern Ireland, you have to have been married for at least two years.
If neither partner objects to the divorce then an application can be made for an undefended divorce. The court will grant a divorce if one of the following can be shown as proof:
- Unreasonable behaviour
- Two years separation and written consent for divorce
- Five years separation.
FAMILY LAW UPDATES FROM DIVORCE LAWYERS ON LEGALLYBETTER:
A LANDMARK JUDGEMENT ON DIVORCE AND THE FINANCIAL SETTLEMENT
Her divorce may have been finalised 22 years ago, but Kathleen Wyatt has won her appeal in the Supreme Court against her ex-husband. She argued that her claim for a lump sum from her ex-husband should not have been ‘struck out’ by the Court of Appeal, despite the fact that her application was made over 20 years after her divorce was completed. The Supreme Court decided that there is no statutory time limit for seeking a financial order following a divorce. When they divorced in 1992 there were no significant assets or income to deal with but her ex-husband has since become the sole shareholder in a multi-million pound renewable energy business.
What this means is that if one of the parties in the divorce makes money at a much later date after the divorce itself then they could be faced with a claim from their ex, if there was no clear financial settlement at the time of the split. Could this lead to a batch of claims from ex-spouses who failed to obtain a financial settlement at the time the divorce was finalised?
Legallybetter firm and divorce solicitors Bhogal Partners give their take on the ruling at: