Q: My marriage has broken down. My husband wants a divorce and has joined several dating agencies although he denies this. We have two children aged seven and nine who live amid daily arguments. Last weekend my husband refused my parents entry into our house after a trip out with the children. He says I am not entitled to keep the house if we divorce, as I don’t work, and don’t contribute towards the mortgage etc. But I am a good wife and mother and have done nothing to give him grounds for divorce. He says that is irrelevant under today’s divorce laws. Do spouses still need to prove one party has done something wrong?
A: No. These days divorce in England and Wales is based on a “no-fault” system. This means you do not need to prove adultery, unreasonable behaviour or any other form of blame. You simply need to confirm to the court that the marriage has irretrievably broken down.
Parties can apply for divorce on their own or jointly with their spouse if both agree. This may not be an option in your case as you do not want a divorce. Once the application has been issued you must wait for 20 weeks minimum before you can apply for the first stage of the divorce, the Conditional Order. Following the Conditional Order being made you must wait a further six weeks and one day minimum before applying for the Final Order that legally ends the marriage.
The divorce itself, however, only ends the marriage - it does not resolve financial matters such as what happens to the family home, savings, pensions or debts. Further, it does not decide arrangements for children. These issues must be considered separately and preferably prior to the Final Order being made. This will prevent you being exposed to potentially significant legal and financial risks later on. You should seek early legal advice to help you understand your options.
This question has been answered by Sean Rolinson, a Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
