What is the easiest way to divorce in England and Wales?
Divorce is never easy, we all know that.
There are legal, financial and emotional considerations to be taken into account before you even think about the actual mechanics and paperwork involved in getting a divorce.
This post assumes that the reader has sorted their living arrangements, children and financial settlement and that the reader wants to know what is the easiest way to divorce currently in England and Wales.
The easiest way to divorce is by using 2 years separation with consent
Without a doubt, the easiest way to divorce is with the consent of your spouse or civil partner.
Without consent, the process of divorce becomes lengthy and complicated and not something that should be undertaken without specialist legal assistance.
You cannot just download a form from the Government and expect to get a divorce, it does not work like that.
The only divorce procedure which we would consider to be the easiest is a divorce based on 2 years or more separation by consent.
In this type of divorce, you do not need to go into the reasons your marriage broke down.
You simply need to both agree that the marriage has indeed broken down and that you have been separated for more than 2 years, living in separate households.
So, if you’re seeking to get a quick divorce, you’ll want to ensure that your spouse agrees to the divorce and will respond to paperwork sent to them via the court.
Find out what ‘separate households’ means under UK divorce law
You must have the consent of your spouse.
As long as the court is satisfied that you have been living apart for more than 2 years and the other spouse consents in writing, then the court cannot raise any objections to the divorce.
If an agreement cannot be reached, you will need to wait until you’ve been separated for 5 years, which is when you no longer require the consent from your husband or wife.
Your only other option would be to file on the grounds of unreasonable behaviour, were contesting to the divorce is extremely uncommon.
This is the easiest way to divorce in England and Wales and the majority of divorces carried out by the courts are on this ground.
You will need to provide evidence of your separation by providing the addresses you have lived at since separation in what is called a statement of truth.
It will take about 6 months to get a divorce through the new regional divorce centres.
With everything being in order your divorce will currently take about 4-6 months through the new regional divorce centres.
Unfortunately, the new regional divorce centres are in their infancy and are in fact slower and less efficient than the old system through your local county court.
Hopefully, they will become quicker and more efficient as time goes on. This is the easiest and quickest method available to you.
If you cannot get divorced on these grounds then your divorce is likelier to take longer and involve more paperwork.
You can of course still obtain a divorce cheaply and easily on other grounds using our online divorce services, but each case is different, so it would pay to spend a few minutes discussing your individual circumstances with us before proceeding.
If you would like advice on whether you can divorce easily and quickly online, please call 01793 384 029 or speak to us on live chat.
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