By Chris Ringham 21 Jul, 2019 0 Comments

Can I Get A Divorce Without My Spouse's Consent?

Can I Get A Divorce Without My Spouse's Consent?

There is no doubt that divorce is one of the most monumental things that some of us will experience in our lives. However, it can be the only option for many people stuck in a marriage that they can no longer continue with.

The issue in this situation can be that one party wants a divorce while the other does not. This leads to many asking one vital question - how to get a divorce without spouse consent in place?

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Can I Get A Divorce Without My Spouse's Consent - UK Law At Present

At the moment, it is possible to file for divorce without your spouse's consent but only according to specific conditions. One is that you have been separated for more than 5 years although this naturally is not a quick solution. The other is if you can prove unreasonable behaviour on your spouse's part although this can be hard in terms of gathering evidence of this.

Can My Husband Divorce Me Without My Consent - UK Law About To Change

The current divorce laws were drawn up in the 1990s and, as such, are now seen as outdated. This has prompted the UK Government to bring new laws around divorce into effect. The new legislation will make it impossible for one party to block a divorce or contest it in court.

The other major change new divorce laws will bring is the timescales involved. It is expected that you can now file a notice of irretrievable breakdown and be granted a divorce within 26 weeks in most cases. There will be no need to prove unreasonable behaviour on either side to keep the proceedings on a more civil footing. This minimum timeline has been brought in to give both parties time to reflect on the divorce itself as well as having time to sort out the practicalities.

Chance To Resolve Financial Arrangements

Current divorce laws actually allow room to go your separate ways without sorting out your financial arrangements. Until now, all proposals have needed a financial order in place before any Decree Absolute is granted. This whole package is what most people think about when getting divorced. It is hoped that the new 6-month timeframe will give divorcing couples the time needed to resolve any financial arrangements.

In the event of a couple who live together but want to move on separately, a simple statement of marital breakdown is all that is needed. One thing to note here is that under current law, you cannot still be living together when this is done.

For more information on how this change to divorce law will work, contact Bowsers today for more details. If you are wondering 'Can I divorce my husband without his consent?' or 'Can I divorce my wife without her consent?', we are the people to turn to for advice.

Image Source: Pixabay

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