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Divorce - why do you have to be married a year?

9 replies

justaskin1 · 27/11/2023 14:38

I am just curious.

Is left over from times gone by where couples were encouraged to try to give it a go for at least a year?

Will it ever change in future or do you think it'll stay (one more for the lawyers out there!)

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justaskin1 · 27/11/2023 14:39

PS I know you can get marriage annulled under some circumstances before a year

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tescocreditcard · 27/11/2023 14:41

Yes I think it's reasonable to give it your best shot for 12 months .

prh47bridge · 27/11/2023 15:27

It is up to politicians to decide whether to change it, not lawyers. I don't know of any campaign to get it changed, so I doubt it will change any time soon.

Bromptotoo · 27/11/2023 16:36

It's difficult to identify a significant cohort of 'victims' who are disadvantaged and I doubt there's any political will to change it.

As to historical reasons I don't know but a moral imperative for couples to put some effort into making it work is one possibility. Might there also be some good reason to prevent people marrying for the shortest possible time to take advantage of one or another of the privileges of marriage - I mean the fiscal ones like IHT.

jemenfous37 · 01/12/2023 09:14

Previously, as I know from bitter experience, you had to wait at least 2 years before you could apply for divorce unless there were legal exceptions.
However, you can still LTB after 2 hours if you think it isn't working, you just have to wait a bit until you can legally uncouple (consciously or otherwise!)

HeddaGarbled · 01/12/2023 09:19

Probably something to do with fraud. I doubt the legal system ever cared about encouraging people to stay married for moral reasons.

justaskin1 · 01/12/2023 18:27

Bromptotoo · 27/11/2023 16:36

It's difficult to identify a significant cohort of 'victims' who are disadvantaged and I doubt there's any political will to change it.

As to historical reasons I don't know but a moral imperative for couples to put some effort into making it work is one possibility. Might there also be some good reason to prevent people marrying for the shortest possible time to take advantage of one or another of the privileges of marriage - I mean the fiscal ones like IHT.

I didn’t think of the marrying for benefits angle - very interesting.

Thank you all for your replies, was just curious

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SaintJuliette · 01/12/2023 18:31

I think it's to make people take marriage seriously and not enter into it lightly. (Isn't there something the traditional vows about this?).

justaskin1 · 01/12/2023 20:58

SaintJuliette · 01/12/2023 18:31

I think it's to make people take marriage seriously and not enter into it lightly. (Isn't there something the traditional vows about this?).

You are right - a quick google and I found it

” Marriage is a sign of unity and loyalty
which all should uphold and honour.
It enriches society and strengthens community.
No one should enter into it lightly or selfishly
but reverently and responsibly in the sight of almighty God. “

https://www.churchofengland.org/prayer-and-worship/worship-texts-and-resources/common-worship/marriage

A very interesting read @SaintJuliette so thank you

Marriage | The Church of England

Marriage from Common Worship: Pastoral Services by The Church of England.

https://www.churchofengland.org/prayer-and-worship/worship-texts-and-resources/common-worship/marriage

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