Divorcing an Abusive Spouse: Advice From Top Family Law Solicitors Of The UK

Divorce is never easy, but divorcing an abusive spouse is even worse. Dealing with multiple feelings of self-doubt, betrayal, and helplessness is not uncommon. But not knowing how to part ways can add to the endless list of problems and make you feel trapped. Statistics from the government show a rise in domestic abuse cases over the lockdown period during the pandemic.

Check Your Eligibility For Divorce:

Divorce is different from judicial separation. To seek divorce in England or Wales, you must meet specific criteria. You must have a legal, recognized marriage for at least one year. Your wedding should be deemed permanently broken down, and the UK must be the permanent residence for you and your spouse.

Know Your Grounds For Divorce:

To file for divorce, you must have any one or more of the following grounds:

• Adultery:

Your husband or wife had sexual intercourse with someone else, providing grounds to file for divorce. However, this is not applicable if you chose to live with your spouse after six months of finding out about this.

• Desertion:

If your spouse left you to end the relationship without your agreement for at least two years, it qualifies as grounds for divorce. However, because this point can be challenging to prove, it is not usually used.

• Separation for two years:

If you both chose to mutually separate two years have passed without any reconciliation, then you’re qualified for divorce. However, it’s best to check with your spouse if they agree to a mutual settlement.

• Separation for five years:

Separation between spouses for a minimum of five years entitles one to seek divorce whether or not the other party agrees to it, unless they can prove the divorce will result in financial or other difficulties.

• Unreasonable behaviour:

Domestic abuse falls under this category. Unreasonable behaviour includes threats, violence, drugs or drunkenness, and refusal to pay/share the living expenses.

Seek Protection through the Family Court

In domestic abuse cases, the Family Court may give you protection in the form of an Occupational and Non-Molestation Order. An Occupational Order is used to exclude someone from your house. The court will give due consideration to the spouses’ behaviour towards each other, the consequences of giving or not giving the Order, and its effect on your children.

A Non-Molestation Order is meant to protect you or your child from intimidation, harassment, or threats. You can apply for this Order while you’re living with the abusive party, and the Court will consider your health and safety and that of your child/children.

Hire Legal Help:

A lawyer or consultant may be able to help you out with seeking various options such as legal aid or reporting to law enforcement.

Contact Wembley Solicitors in London to get help during this difficult time and secure your rights. Our team of experts on Family Law will help you get through this.