UK Divorce Laws
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A divorce is recognized world-wide as a legal matter. But, every country has its own laws to govern divorce cases. These laws show the cultural and social influences that differ from one nation to another. UK divorce laws are formed on the basis of the requirements and priorities of the government in the country.
The Matrimonial Causes Act 1973 is the basic divorce law in the United Kingdom. As per this law, the petitioner must make an application in the court for a "decree nisi". After the divorce procedure is over, the Court grants a "decree absolute".
Residency requirements as per UK divorce law
The petitioner must be able to prove that either the petitioner or the respondent (petitioner's spouse) has been domiciled or habitually resident in the relevant country. The other important requirement for the divorce is the time period after marriage. According to the UK divorce laws, one year should have been elapsed after the marriage to obtain a divorce by a court procedure.
Grounds of divorce as per UK divorce law
If it is proved that the marriage has irretrievably broken down, it is possible to obtain a decree nisi. As per the legislation, if minimum 1 or the following 5 facts can be established, then it is possible to prove that the marriage has broken down.
Though the grounds are indirectly based on the principle of irreconcilable breakdown of marriage, the petitioner has to prove the direct causes in the court to get divorced from the partner.
Initially, the parents are given an opportunity to reach a consensus regarding the living arrangements of their child. If parents succeed in providing such agreement that mentions the terms for child custody, the court approves it by studying it from a legal perspective. However, if the parents fail to reach an agreement, the courts decide on its own, which is usually in the best interest of the child. Generally, the UK courts have a tendency to award physical custody based on the following criteria.
In this country, there is a general opinion that older children should stay with their father while younger children should reside with their mother. When the case is a much disputed one, the relative fitness of each parent to raise the child is used as a basis of comparison. It has been observed in some rare and unusual cases, that a particular parent has been denied custody permanently.
If the demeanor or circumstances of either or both parents alters, then such a parent or parents can make an application in the court to consider the custody arrangements again. After due consideration of the changed circumstances, the court may change its decision regarding custody.
Child Contact Order
Child contact or child visitation is regarded as an opportunity to the non-custodial partner to keep a regular contact with the children. There are 6 types of child contacts as follows.
Likewise child custody, child contact order can be altered if the situations of the parent improves or has been changed in a better manner.
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