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Why can't you divorce in the first year of marriage?

(16 Posts)
ThisMustBeMyDream Tue 15-Oct-19 21:06:54

As per the title. I am wondering what the basis is behind being unable to divorce in the first year of marriage?
I have posted my story on mumsnet a few times before. I found my new husband had been cheating - 4 hours after marrying him. I then had to remain married to the cheating fuckwit for the next 18 months until the divorce was completed. It was such a huge weight over my head. I wanted to move on and quickly (not on to someone else, but just have the trauma of that time over asap). The law prevented that. I would like to know why. Google didn't give me any answers!

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AdoreTheBeach Tue 15-Oct-19 21:17:20

I’m very surprised if your husband cheated on you within 4 hours of marrying - and crucially that you knew this - that you would consummate the marriage. Not consummating the marriage is grounds for annulment. Was that option not open to you?

Didntwanttochangemyname Tue 15-Oct-19 21:24:07

As above, surely annulment would have been an option?

ThisMustBeMyDream Tue 15-Oct-19 21:32:29

I was pregnant at the time of the marriage. I contacted several solicitors who all gave the same advice - it would be expensive and difficult to annul.

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ThisMustBeMyDream Tue 15-Oct-19 21:33:12

(Because of the pregnancy specifically)

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ClownsandCowboys Tue 15-Oct-19 21:36:05

@AdoreTheBeach OP said she discovered he'd been cheating, not that he cheated 4 hours after

ThisMustBeMyDream Tue 15-Oct-19 21:38:31

I think they were just refering to the consumation part. Ie. Unlikely to consumate with in the 4 hours of marriage before the cheating spouse was revealed.

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moobar Tue 15-Oct-19 21:42:10

England? You could have done it in Scotland unreasonable behaviour or adultery. Need proof of adultery but if you had that I would say less than three months if undefended.

ThisMustBeMyDream Tue 15-Oct-19 21:43:44

I'm in England.

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Iwantacookie Tue 15-Oct-19 21:56:11

I was under the impression that it was because up until that time you could get it annulled?
Have never looked into it though just my own conclusion.

Collaborate Tue 15-Oct-19 23:24:28

The answer will be found in Hansard. Look at the debates for the MCA 1969 (the forerunner of the 73 Act) and see what was said there about the justification. I’m not sure that many people at all 50 years later will have bothered to investigate - it is what it is.

Longdistance Tue 15-Oct-19 23:35:43

It’s a crock of shit really. I can’t believe the complete song and dance around divorcing. It gets dragged out, just like buying and selling a house, so bloody draconian.
Sorry you had to stay married to the cheating fuckwit for longer than necessary.

prh47bridge Wed 16-Oct-19 00:40:23

Up until 1984 it was 3 years, although the courts could, in some circumstances, allow divorce earlier. When the present limit was introduced the reason given in Parliament was to discourage certain abuses of marriage, e.g. to marrying to obtain nationality. It was felt that removing the time bar completely would encourage such abuses, particularly in London.

Iflyaway Wed 16-Oct-19 00:45:23

I agree OP.

I guess it has something to do with archaic laws and the patriarchy.

Whatever, I got the divorce after 2 years, never will I be married again! smile

physically abused while pregnant

hairtoss Wed 16-Oct-19 13:52:11

My divorce (pretty straight forward) is going to take 3 years from date of separation - it's absolutely ridiculous - I thought wedding planning was a nightmare, should have realised how awful the divorce was going to be.
My freedom is hard fought, but will be more the sweeter for it will probably get hit by a bus day after decree absolute!

Cannotresist Thu 17-Oct-19 23:33:04

It’s because you had a valid marriage and cheating does not make it voidable. - would need to be unconsummated , forced, he had std a couple of other things I forget

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