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How quick/easy is it to divorce?

(5 Posts)
anicesitdownandshutup Sat 27-Dec-14 09:28:31

Asking cos I'm not living in the UK but a family member is. Not sure if he is thinking of divorce but would like to have some idea of the ins and outs of it before talking to him.
Facts are
He married after a short romance so that his wife could apply for residency.
Marriage was never consumated
Communication has broken down - separate bedrooms, communication only by text/email from her - he would speak with her but she won't reply
Some violence on her part - smashing plates at wall kind of thing
She has sent him a list of demands to make her happy. It makes jaw dropping reading.

Can anyone advise on the basics? If he files and she doesn't contest could they be divorced quickly? Would they have to do counselling? Would he be expected to financially support her?
Realise that his best bet would be to visit a solicitor but not sure that he is at that stage. Just wanted some info on the basic facts.
Thanks in advance

3mum Sat 27-Dec-14 10:14:22

I am sure there are others better qualified to answer who will be along soon, but did not want to leave you with no answer.

He does need to see a lawyer, even if only for a free half hour and please don't take this as gospel, but I think the answers are the following:

1. You need to have been married for 12 months to file a divorce petition. This does not stop him getting it all ready to go however.

2. Non-consummation probably means that he could get an annulment which may be quicker than a divorce, but he would definitely need legal advice on this.

3. There have to be grounds for divorce, but one of these is unreasonable behaviour and it certainly sounds as if he has sufficient grounds for this.

4. If there are no DC and the marriage has been short and there are no special features (like she is disabled) and the house and any other property is not in joint names I suspect a clean break would be appropriate i.e. no continuing payments to her.

5. You can only contest a divorce on the grounds that the marriage has not in fact broken down and it sounds as if she would have difficulty establishing that.

6. Expect the whole process of divorce to take at least 6 months and possibly longer if there are complexities like jointly owned property.

BUT he absolutely must see a lawyer and the longer this situation drags on the harder it will be to disentangle himself. He also needs to see a lawyer to make sure that he is not getting himself into trouble on the marriage basis - i.e. was it a genuine marriage on his part or was it an attempt to defraud the immigration laws.

She sounds awful though so he will be well out of this relationship.

anicesitdownandshutup Sat 27-Dec-14 10:35:00

Thanks 3Mum.
Not sure how things are between them. I think that he'd like to try and save the relationship but I can't see that there was ever any type of relationship.
You may or may not know - can he divorce her without her cooperation - if she doesn't respond to official notices etc.
Will look up annulments are well.
It was a genuine marriage on his part but the legal aspect re the residency application is obviously a concern.
As you say, a session with a lawyer is the way to go.

Haffdonga Sat 27-Dec-14 10:35:50

annulment

anicesitdownandshutup Sat 27-Dec-14 10:41:13

Does it make any difference if they are both living at the same address?

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