It is necessary to begin divorce proceedings by filing a petition with the courts in the UK. It cannot be down outside of the court system if you want your divorce to be legally recognised. This is in contrast to several other countries around the world.

There is only one legal ground for divorcing your partner in the UK under the Matrimonial Causes Act 1973; your marriage must have irretrievably broken down. This means that it is not able to be fixed and you no longer want to be together. Namely, there are five reasons for the breakdown and you will have to establish one in order to be granted a divorce. We are going to look at two years separation with consent, which is similar to divorce contract by mutual consent in other countries.

What is Divorce with Consent?

Some marriages break down and spouses are at loggerheads over property and child custody arrangements. But should you do if you and your partner agree you want to divorce? The best option you have is two years separation with consent. This is one of the ways you can be granted a legal divorce in the UK. You still have to go to court to have the divorce legally finalised. But it is often a quicker way to resolve the matter than other avenues open to you. You can expect this type of divorce to take around four to six months.

The key to successfully claiming two years separation with consent is agreement with your spouse. You and your husband or wife must agree that you want to divorce. This should be evidenced in writing. There is also a condition that you must have been separated for at least two years prior to filing for divorce. This is all set out in the Matrimonial Causes Act 1973 section 1(2), which applies to England and Wales:

The parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition (hereafter in this Act referred to as “two years’ separation”) and the respondent consents to a decree being granted.

So, both parties have to agree to the divorce. Otherwise, you will have to look at other reasons for the irretrievable break down of your marriage, such as adultery, unreasonable behaviour or five years separation without consent.

Divorce by Mutual Consent in Other Countries

In other countries across the world, couples have different choices to make. Notably, there are places that allow a divorce contract by mutual consent. This means that you do not have to consult the courts as you do in the UK. This can be a simple and quick way to get a divorce if you and your partner agreement. It can also be less stressful and expensive. On the other hand, going to court ensures validity and allows couples the opportunity to work things out privately before divorce as a last resort.

For example, divorce by mutual consent is available in France by the French Civil Code. You can seek a private contract to end your marriage without going through the court system. It simply involves signing an agreement with your spouse and registering this contract with a French notaire. You only need a lawyer to sign the document. It is legally enforceable as a contract after the 15-day reflection period has passed. In fact, there is not even a requirement for you to be French or have a connection with the country. This is why experts are concerned that France may become the ‘Las Vegas of divorce’. In other words, people from other countries may visit France for a quick divorce, as it will be recognised in other European countries.

In Maryland, USA, you can also divorce by signing a contract with your spouse and you do not have to wait for a specific time period as you do in the UK. If nobody contests to the separation and you are still living together, you can file for divorce under the Maryland Code, Family Law. You do not have to wait until you have been together for one year before separating; you can apply whenever you like. Waiting for a certain period of time can be stressful for you and your partner. Yet, through Maryland’s uncontested divorce process, it does not have to be this way. Through mutual consent and signing a Marital Settlement Agreement, you can legally divorce whenever it is needed.

References:

Matrimonial Causes Act 1973

French Civil Code

Maryland Code, Family Law