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Marriage and Divorce – Understanding the Basic Laws Regarding Marriage and Divorce One of the biggest problems faced by the courts today are the issues of
marriage and divorce, today the number of people getting divorced averages about one out of every three
marriages . This number is continuing to grow rapidly and the laws are changing to make divorces easier and
faster to t process. It used to take years for a person to get a completed divorce from their spouse, the
only way you could get and a quickie divorce was if you could prove that your spouse had been
unfaithful.Now as long as both parties are in agreement it is possible to get a quickie divorce that can be completed in no more than three or four months including the mandatory 6 weeks between the issuance of the Decree Nisi and the Decree Absolute. Some people feel that this ability to speed things up has created the short time span between marriage and divorce but the real truth may lie in the fact that people no longer feel the need to stay in a relationship that is not working out unlike our predecessors who were taught that you did not divorce for any reason. In the UK there is no such thing as common-law marriage and divorce is not necessary to separate. In fact you do not have the same rights as someone who is legally married. Those that believe common-law marriage is a true legal status in the UK are unfortunately very sadly mistaken. According to a recent survey there are over 2.2 million couples who are cohabitating; many of them do not realize that they do not have any rights at all when it comes to what happens when they split up. Couples must agree how to split their AssetsThe only way they have any rights at all is if they signed an agreement that is legally binding as part of their relationship. Unlike marriage and divorce, when cohabitating couples split up they must agree by themselves as they must agree by themselves how their assets will be split the courts have nothing to say on the matter. In the UK the laws regarding separation and divorce are very clear cut. If you and your spouse have been separated for 2 years and both of your consent to the divorce, the judge will most like grant it without any hesitation. If your spouse refuses to agree to the divorce you will have to wait until you have been separated for at least 5 years and then the judge will grant you divorce whether your spouse agrees to it or not. In the UK the laws that govern adultery and divorce are very simple, if catch your spouse cheating on you and wait less than 6 months to file for a divorce the courts can grant you and "instant" divorce. This means that you do not have to wait the obligatory 2 years or more of separation that divorce law requires in other cases. This is according to English law the only reason acceptable to a court for granting an instant law and is the most common reason quoted when a petition for divorce is filed. |
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