Civil remarriage is allowed. Religions and denominations differ on whether they permit religious remarriage. A divorce in England and Wales is only possible for marriages of more than one year and when the marriage has irretrievably broken down. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis. A decree of divorce is initially granted 'nisi', i.e., before it is made 'absolute'.
History
Historically, divorce was not administered as such by the barristers who practised in the common law courts but by the "advocates" and "proctors" who practised civil law from Doctors' Commons, adding to the obscurity of the proceedings. Divorce was de facto restricted to the very wealthy as it demanded either a complex annulment process or a private bill leading to an Act of Parliament, with great costs for either. The latter entailed sometimes lengthy debates about a couple's intimate marital relationship in public in the House of Commons. The Matrimonial Causes Act 1857 moved litigation from the jurisdiction of the ecclesiastical courts to the civil courts, establishing a model of marriage based on contract rather than sacrament and widening the availability of divorce beyond those who could afford to bring proceedings for annulment or to promote a private Bill. The Matrimonial Causes Act 1923 provided for adultery as sole ground for eitherhusband and wife, not just the husband. Prior to this women had to prove additional fault. The Matrimonial Causes Act 1937 made divorce easier to access, particularly for women, who until then could not get a divorce merely on grounds of adultery, as men could: women needed to show more causes than adultery, such as incest, sodomy, or cruelty. The need for the reforms was illustrated in the best-selling satirical novelHoly Deadlock. The Divorce Reform Act 1969 marked a significant change in that people could end marriages that had "irretrievably broken down" without having to prove fault. They could end marriages after separation of two years, if both parties desired divorce, or five years if only one party desired divorce. The Matrimonial Causes Act 1973 provided that a marriage had to have lasted for three years before a divorce could be applied for; the Matrimonial and Family Proceedings Act 1984 reduced this period to one year. The Divorce, Dissolution and Separation Bill 2019-21 was introduced to parliament in January 2020 by the Conservative Government. The bill was a response to the Supreme Court case of Owens v Owens, which stated in its concultion that Parliament may which to consider replacing the current divorce law. The bill would remove the requirement to provide evidence of fault, or separation; and replace it with a statement from either applicant that the marriage had irretrievably broken-down. The legislation received royal assent on 25 June 2020 and was passed as the Divorce, Dissolution and Separation Act 2020.
Laws
Relevant laws are:
Marriage Act 1949
Divorce Reform Act 1969
Matrimonial Causes Act 1973, which sets out the basis for divorce and how the courts deal with financial issues, known as ancillary relief
*Cruelty has been made irrelevant. See Gollins v Gollins A.C. 644
There is only one 'ground' for divorce under English law. That is that the marriage has irretrievably broken down. Until the date on which the Divorce, Dissolution and Separation Act 2020 becomes effective there are five 'facts' that may constitute this ground. They are:
* respondents admitting to adultery will not be penalised financially or otherwise.
* cannot be used as a ground for divorce if the couple keeps living together for more than six months after discovering the adulterous act, unless the adulterous relationship is continuing or there are other acts of adultery after the first such act is discovered.
Unreasonable behaviour.
* the petition must contain a series of allegations proving that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him/her.
*the allegations may be of a serious nature but may also be mild such as having no common interests or pursuing a separate social life; the courts will not insist on severe allegations as they adopt a realistic attitude: if one party feels so strongly that a behaviour is "unreasonable" as to issue a divorce petition, it is clear that the marriage has irretrievably broken down and it would be futile to try to prevent the divorce.
Two years separation
* both parties must consent
* the parties must have lived separate lives for at least two years prior to the presentation of the petition
* this can occur if the parties live in the same household, but the petitioner would need to make clear in the petition such matters as they ate separately, etc.
Two years desertion
Five years separation
Once in force, the Divorce, Dissolution and Separation Act 2020 will provide for no-fault divorce whereby the an application for divorce by way of the making of a statement that the marriage has broken down irretrievably disregarding the reasons detailed above. The Act is expected to come into force from Autumn 2021.
Petitioner completes affidavit in Support of Petition and Request for directions
A Judge will then consider all the divorce papers and if he/she is satisfied issue a Certificate of Entitlement to a Decree and Section 41 Certificate
Decree nisi is granted. This is a court order which confirms that the grounds for divorce have been accepted and that the court believes the marriage has irretrievably broken down.
Six weeks later the application can be made by the Petitioner for the decree absolute.
From beginning to end, if there are no further issues and Court permitting, it takes around six months. If there are any outstanding financial issues between the parties, most solicitors would advise resolving these by way of a 'Clean Break' Court order prior to obtaining the Decree Absolute.
