The different types of divorce and what the best option is for you

types of divorce
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Divorce in the UK can be a complicated matter, so this article should help you to understand the different types of divorce. Take a look…

Divorce has always been a complicated and contentious matter. With current changes to the law going forward in the UK, this is ever more the case. So, what exactly are the different types of divorce, and what are the rules for it all?

Whether it be the new no fault or no blame divorce, or an uncontested or contested divorce, we’ll break it all down for you here. Not only that, we’ll be taking you through the five different grounds for divorce in the UK too. This way, you can get a full picture before proceeding with your divorce.

The Divorce System in the UK

In England and Wales, the current system for divorce is that, in order to proceed, one spouse has to file for divorce with a reason. There are five different reasons you can apply for a divorce in the UK, without which a divorce can currently not proceed, including:

  1. Adultery
  2. Unreasonable Behaviour
  3. Desertion
  4. Two years separation
  5. Five years’ separation

One member of the marriage must file for a divorce and, once this has been done, the other spouse must respond. They have a window of time to file and contest this divorce. We will go into this in a little more detail later, but first we’re going to break these five reasons down for you, here…

Grounds for Divorce in the UK

1.     Adultery

Firstly, you can get a divorce in the UK by claiming your partner has cheated on you. If the partner contests this, not only do you have to prove this is the case, you have to also make it clear that it is now impossible to live with them as a result.

2.     Unreasonable Behaviour

Alternatively, you can complain of unreasonable behaviour, which encompasses a huge number of actions. Again, this is based upon the idea that it has become unbearable to live with your spouse based on these behaviours, which might include:

  • Verbal or physical abuse or violence
  • Threats
  • Mental abuse, including humiliation and manipulation
  • Illegal behaviour, for example dealing drugs or murder
  • Substance abuse, either alcohol or drugs
  • Being unfaithful, outside of adultery, for example inappropriately messaging another person
  • A lack of intimacy with you
  • Not providing emotional, social, and physical support, for example not socialising with you or helping out around the house
  • Not taking financial responsibility, for example not contributing to the household expenses or gambling
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3.     Desertion

Leaving a spouse to live alone, paying house bills and looking after the children on their own, is also a viable ground for divorce. That said, this one is a little trickier to claim a divorce for, as it relies on the person to have deserted you for at least two years.

4.     Living Apart for More Than 2 Years

Following on from this, you can also reasonably claim for a divorce if you’ve been separated, and living apart, for two years. This may follow on from a desertion claim, it might have followed on from a court order from a previous attempt at divorce, or it might be a divorce attempt in its own right. Either way, you must be able to prove outright that you have been living apart for this long for a divorce to be granted.

In these cases, you don’t have to have a concrete reason, for example adultery, to file. What’s more, you don’t have to actually have been living in separate homes during this period, as some may not be able to due to economic reasons. As long as you can prove that you’ve been living separate lives, and sleeping in separate beds for this time, that’s enough.

5.     Living Apart for More Than 5 Years

Finally, another grounds for divorce is living apart for more than five years. This is similar to the above, however, in this case you don’t have to retrieve your partner’s permission to file. If you can prove you’ve been living separate lives during this whole period, the court will often grant the divorce.

The Different Types of Divorce

Now that we know a little more about what the court regards as reasonable grounds for a divorce, what are the different types? Here, we’ve listed them for you, so take a look:                                       

Uncontested Divorce

As we’ve discussed, before a divorce proceeds one member of the couple must file. Then, the opposing party must respond.

They don’t have to respond with a disagreement; they can simply agree to proceed by signing the petition. This is classed as an uncontested divorce. Alternatively, if they don’t respond in time, the divorce will simply continue as uncontested.

These types of divorce are the most common in England and Wales, mainly because they’re less stressful, and cost less time and money. All it takes is for a divorce settlement to be agreed upon, which will decide whereabouts the assets end up. No court is required for this; just a couple of lawyers, if that, meaning it’ll usually be completed within about six months.

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Contested Divorce

On the other hand, when the divorce is filed for, the opposing party may contest the divorce. This could be because they don’t believe the marriage has broken down, or disagree with the reason for proceedings to have begun.

In these cases, a court will then have to get involved, where either party has to give evidence in front of a judge. With this evidence in mind, they will then decide on whether the divorce should be granted, or they may insist on a few years separation before the decision is made.

Before contesting a divorce, it’s worth noting that there may be repercussions for the defendant if contesting is unsuccessful. In this case, they may be required to pay the incurred fee of the court costs for the petitioner.

Because of all these complex processes and court hearings, a contested divorce may take a lot longer than an uncontested one. It’ll also cost more money too; something which many people are unable to afford. In fact, compared to the average of around £1000 for an uncontested divorce, a contested divorce will usually cost up to £15,000!

No Fault Divorce

The blame game that inciting a reason for a divorce can invoke can be very emotionally and financially scarring. Because of this, the system in England and Wales are making way for a no-fault divorce system by Autumn 2021.

Under the current system, one spouse must file for divorce, inciting blame on the other. Instead, this provides people with the ability to file for a divorce without having to provide a reason.

This means that both members of the partnership can file mutually, making things a lot more amicable. This new law hasn’t yet been agreed upon and has received some bad press (see pros and cons below), but will likely come into play by this time next year.

Pros of No-Fault Divorce

  • No blame game
  • Reduces stress
  • Limits emotional pain
  • Less upsetting for any children involved
  • Allows those in abusive relationships to escape
  • Eliminates the chance of lengthy legal battles

Cons of No-Fault Divorce

  • May encourage shotgun weddings
  • Those who are “at fault” are not held to account for their wrongdoings
  • Couples may choose a hasty divorce before attempting to work things out
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Ready for Your Divorce?

Now that you know the ins and outs of divorcing, including the grounds for divorce in the UK and the different types, you know enough to go ahead and proceed. We hope this article has provided you with the knowledge to do so as informed as possible. Good luck with the road ahead.

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