UK Divorce Laws

The Matrimonial Causes Act 1973 is the basic divorce law in the United Kingdom. As per this law, the petitioner must make an application in the court for a “decree nisi.” After the divorce procedure is over, the Court grants a “decree absolute.”

Residency requirements as per UK divorce law

The petitioner must be able to prove that either the petitioner or the respondent (petitioner’s spouse) has been domiciled or habitually resident in the relevant country.

Grounds of divorce as per UK divorce law

If it is proved that the marriage has irretrievably broken down, it is possible to obtain a decree nisi. As per the legislation, if minimum 1 or the following 5 facts can be established, then it is possible to prove that the marriage has broken down.

• Five years separation without consent: The respondent and the petitioner must be residing separately for minimum 5 years irrespective of the fact whether the respondent accedes to the divorce.
• Two years separation with consent: Both the respondent and the petitioner agreed to be divorced and are residing separately for minimum 2 years.
• Desertion: The respondent must have left the petitioner alone for a minimum period of 2 years.
• Unreasonable behavior: The respondent must be found guilty of unreasonable behavior and hence, it cannot be expected that the petitioner can continue residing with the respondent.
• Adultery: It must be proved that the respondent was involved in adultery and due to this reason; the petitioner cannot continue residing with the respondent.

Child Custody

Initially, the parents are given an opportunity to reach a consensus regarding the living arrangements of their child. However, if the parents fail to reach an agreement, the courts decide the issue. Generally, the UK courts have a tendency to award physical custody based on the following criteria.

• Which parent can provide least disruption for the child?
• Which parent has sufficient parenting skills?
• Which parent can offer maximum economical security?

In this country, there is a general opinion that older children should stay with their father while younger children should reside with their mother. When the case is a much disputed one, the relative fitness of each parent to raise the child is used as a basis of comparison. It has been observed in some rare and unusual cases, that a particular parent has been denied custody permanently.

If the demeanor or circumstances of either or both parents alters, then such a parent or parents can make an application in the court to consider the custody arrangements again. After due consideration of the changed circumstances, the court may change its decision regarding custody.

Child Contact Order

There are 6 types of child contacts as follows.

• Indirect Contact: The non-custodial party is permitted contact through telephone calls, gifts, postcards, letters etc, but cannot see the child personally
• Supervised Contact: Such a contact takes place at a location other than either spouse’s houses and in the presence of an independent third party that is selected by the court.
• Defined Contact: When the case is very difficult, the court makes a detailed child contact order that defines precisely how the contact should occur.
• Staying Contact: The child can stay overnight at the non-custodial parent’s house.
• Visiting Contact: Child access occurs at the house of the non-custodial parent.
• Reasonable Contact: When there is reasonable behavior on part of the parents, the judge decides that the parents should finalize the nature of access.

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