How often do we hear of couples having spent thousands of pounds and many months of time and effort in preparing for their wedding day, only to realise that before the ink is dry on the certificate the marriage was a mistake and they want a divorce?
By Emma Davison – Invalesco Family Law
How long until I can be divorced?
How often do we hear of couples having spent thousands of pounds and many months of time and effort in preparing for their wedding day, only to realise that before the ink is dry on the certificate the marriage was a mistake and they want a divorce?
In England and Wales, there is no time limit on when a person can start a divorce with the exception that, irrespective of where the parties are living and whether or not they are still cohabiting, the couple must have been married for a year.
If a divorce petition is received by the Court before the date of the first anniversary of the marriage it will be rejected outright by the Court and the papers returned.
But what can happen between now and then?
In the first year of marriage, if difficulties arise and the couple separate, all that they can do is agree the arrangements for their children and divide their finances including finding separate homes in which to live.
Neither party is able to issue a petition for divorce at the Court and the marriage must remain in place at least until the date of the first anniversary. This is not to say however that the divorce papers cannot be prepared and agreed in readiness to be issued at Court any time from the date of the first wedding anniversary!
Obviously a lot can happen in a year. There could have been a deterioration in the level of communication that exists between the parties with what initially was an amicable separation having become problematic, not least if new relationships have been formed by one of the parties.
For this reason, couples who find themselves separating in their first year of marriage should always ensure that they do not delay sorting out the arrangements for their children or the financial aspects of their marriage.
Furthermore, any agreements reached should be properly documented with the assistance of specialist family lawyers before any property ownership is changed or money is paid across. Such separation agreements could detail not only the financial agreements and the arrangements made for any children but could also detail how and on what basis a divorce will eventually be commenced.
In the absence of a written agreement regulating the terms of the couple’s separation, it is not uncommon to find that house ownership has been changed and monies paid out which have then been spent by the receiving party without any legal protection having been afforded to the payer to protect him/her on the couple’s eventual divorce. The payer will then often face further successful claims being made by their estranged spouse who will have the ability of effectively having a “second bite at the cherry” and claiming again for the asset he/she had already transferred.
So, as a lot can happen in a year, although the divorce proceedings cannot be commenced, never underestimate the importance of properly recording in writing, with the assistance of specialist family lawyers, any agreements reached. By failing to prepare properly for the divorce in such a way this is only otherwise likely to bring about preparation for failure when the day of the divorce finally arrives.
# How long until I can be divorced?