The new year is a time for change, and for some married couples, the change that can sometimes be necessary is to end a relationship, even one bound by law, such as a marriage. If that is the case for you, having an empathetic team of solicitors matters to ensure a positive outcome.

Winter is a common time for divorces, to the point that the first January of the year is sometimes nicknamed “divorce day”, as it is the day that solicitors will receive an influx of enquiries concerning divorce.

This does not mean that couples who have made the choice to divorce split in January or even file the paperwork; even with the enactment of no-fault divorce in 2022, the process can still take a while and requires a married couple to be together at least a year before an application can be made.

How does divorce work? How do you get started? And why does your choice of solicitor matter?

What Are The Grounds For Divorce?

Ultimately, the only ground for divorce in English law today is that your marriage has broken down with no chance of repair after at least a year of being legally together.

In the past, there were five grounds for divorce, which caused controversy in cases where a marriage should have been able to end but legally could not:

• Adultery, where one party cheated with another, but even then it could not be used as grounds for divorce if the couple lived together for six months after, under the assumption that it had been reconciled.
• Unreasonable behaviour, which was a somewhat vague ground but was legally defined as a series of allegations that proved that the petitioner could not reasonably be expected to continue the marriage.
• Two years of separation if both parties consent.
• Two years of desertion, which would often need to be proved.
• Five years of separation if only one of the parties consented.

Because there were many examples of irreconcilable marriages that did not fit these grounds, the law changed to enact “no-fault divorce”.

How Do You Start The Divorce Process?

The easiest way to start the divorce process is to get in touch with a divorce solicitor. They will be able to let you know the options and help you file the paperwork.

You need at an absolute minimum the following:

• The full names of both people in the married couple.
• The original marriage certificate in English.
• Proof of any name changes, such as those that came as a result of marriage or via deed poll.
• The £612 application fee, although exactly how you pay will depend on the circumstances of the divorce.

Can You Apply For Divorce Sooner?

If you want to file for divorce during the first year of marriage, you may fall into legal difficulties, but there are options to explore.

One of these is to annul the marriage outright, if it is considered either invalid or legally voidable, usually for the following reasons:

• It was not consummated.
• It was not consented to by both parties.
• One party had a sexually transmitted infection.
• One party was pregnant by someone outside of the marriage.

Alternatively, you can apply for a legal separation, which means that the courts will allow a couple to live apart whilst still married. It can be complex, but it is a way to safely determine for sure if a marriage is irrevocable.