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History: Home UK Divorce Forum
Topic:
In America Wife and kids in England (4 Posts)
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Date:
27 October, 2009 04:33PM
In America Wife and kids in England
americanbritish - 27 October, 2009 04:33PM
Been married 3 months and not working out. We have a son together but thinking about divorce. Not sure what to file or what we'll need. She'll keep custody, nothing to split up.
Re: In America Wife and kids in England
davidterry - 27 October, 2009 05:32PM
There is an absolute bar on divorce within the first 12 months of marriage so you will not be able to issue a divorce petition for another 9 months. If the marriage has broken down beyond repair you do not need to continue to live together although whether it would be wise to move out will depend upon factors such as whether you own a property jointly or rent one. Certainly the shorter a marriage lasts the less the financial damage is likely to be so it is usually sensible to get a divorce as soon as possible. You just have to wait another 9 months until you can do that.
Re: In America Wife and kids in England
YZF1000R - 04 November, 2009 06:36AM
I didnt know that, it seems silly that I could walk down the street and meet a total stranger, get married within a few months yet have to wait 12 months before I could start a divorce.

It would make much more sense if you had to "live with/know/have relationship with" for 12 months before you were allowed to marry rather than let people jump into the fire without thinking about the consequences
Re: In America Wife and kids in England
davidterry - 04 November, 2009 10:24AM
Absolutely right. It is nonsense. However, it is the law in this country that there is an absolute bar on divorce within the first 12 months of marriage. I meet many people who know prefectly well that their marriage has broken down beyond repair within the first few months of marriage. This could be because the other spouse has been violent, comitted adultery or whatever. But they still cannot petition for divorce until the 12 months are up. Many people lobby Parliament when divorce legislation is passed and this type of restriction tends to get inserted as a result of pressure by religious interests.
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