Divorce Facts In The Uk

By Author: James Walsh
Total Articles: 68
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Differences in Grounds for Divorce

Divorce is permissible on five grounds according to the English law. Adultery, unreasonable behaviour, desertion, separation with consent for 5 years and without consent for 2 years are all the causes that lead to an irrevocable breakdown of marriage.

However, obtaining no-fault divorces is not accepted in quite a few countries across the globe. Pinning down the offence on one spouse, leads to contested divorces that prove to be a financial drain on the resources. Couples not wishing to indulge in such legal battles prefer to have their divorce proceedings in the UK.

Differences in Processes of Divorce

Divorce processes are different around the world. Probably, the simplest form of divorce can be witnessed in Brazil. Childless couples just approach the notary office with their Identification cards, marriage certificate and pay a small fee. The proceedings are initiated and they are divorced in a fortnight.

This simplicity of the divorce process matches well with the process in the UK. The divorce-initiating spouse petitions for a divorce. A copy ...
... of the petition along with an ‘acknowledgement of service' is sent to the respondent. After the petitioner files an affidavit the court grants a ‘decree nisi.' After 6 weeks the petitioner applies for a ‘decree absolute.' With the granting of the ‘decree absolute,' the divorce is complete.

Japan permits four different forms of divorce to their separating couples - divorce by mutual consent, divorce by family court mediation, divorce by family court judgement, and divorce by district court judgement.

Perhaps, very few countries can match the Filipino perspective of divorce. Divorces are not allowed in Philippines and only annulments of marriages are permitted.

Italians lived in similar circumstances due to the deep influence wielded by the Roman Catholic Church. Obtaining a divorce was very difficult for couples intending to do so. On the 1st of December, 1970, the civil code of Italy was amended which permitted divorce by the civil courts.

Residential Duration prior to Divorce

The courts of all countries stipulate a particular period of residence before the couples turn eligible to petition for a divorce. In the UK couples can file for a divorce after residing in the country for 6 months.

But the State of Nevada holds the record for the shortest durational requirement. Divorcing couples can be residents of Nevada for just 6 weeks to turn eligible for initiating divorce proceedings in that State.

Financial Settlement during Divorce

The most important factor that has made the US and the UK a favoured destination for divorce tourists is the ‘woman-friendly' financial settlement awarded by the courts.

Courts in the UK consider the assets of both the divorcing partners and split them equitably while the courts of other European nations do not factor in the assets earned prior to marriage. Their financial settlements are based on equitable distribution of assets earned during the marital period.
Adultery does not affect financial settlements arrived at in the British courts. But adultery or cruelty negatively influences the financial settlements in other European nations.

Attitude towards Divorce

The very process of divorce and the attitudes of people towards divorce vary all over the world. Influence of religion largely determines divorce rates. Divorce rates are the lowest in Sri Lanka, Italy and Brazil, due to the influence of Church. Muslim nations too consider divorce a taboo. Only one territory in Western Sahara celebrates divorce with a party lasting three days.

Divorce rates are the highest in the US. And the UK holds the 4th position for granting the maximum number of divorces. Divorcing couples reach the UK, reside for 6 months and file for a divorce there. But such preferences are exhibited only by the wife. Husbands prefer not to negotiate financial settlements in the British courts.

If a couple divorces in the UK, the wife can expect a good house and maintenance money to last a lifetime. If the same couple divorces in some other nation, the little maintenance money the wife receives will end by the time children become teenagers.

James Walsh is a freelance writer and copy editor. For more information on getting a Divorce see http://www.quickie-divorce.com