Can a couple who married in Greece divorce using the reason of ‘irreconcilable differences’?

Question: My husband and I both want a divorce and want it to be as amicable as possible. Ideally, we would like to divorce using ‘irreconcilable differences’ as the reason. We married 4 years ago in Greece, but now live in the UK, so we will divorce here. When I research divorce procedures in the UK, using the internet, it looks like we have four or five reasons we can use. For example, a separation of 2 years or more, adultery…. Some are viable options, but they do not really seem to allow us to divorce amicably. Are my conclusions correct, and how much does a divorce cost?

Answer: It looks like you have done your research well. It sounds like the best approach for you would be to use unreasonable behaviour as the grounds for your divorce. These grounds are not as harsh as they sound. For example, you could say that one or the other of you dedicates too much time to their work or that you have grown apart and no longer have common interests. Under British law, these relatively mild reasons would allow you to divorce using ‘unreasonable behaviour’ as the grounds.

You need to bear in mind that the divorce laws, in the UK, were developed in the Victorian era. Under British law, the judge decides whether a couple can divorce or not.

How much your divorce will cost depends on how complex your affairs are. If you are a couple without children and shared property, the divorce should be quite straightforward. In this situation, it is viable to do your divorce online, which should cost less than £100. You will also need to pay the court fees of £410 to get your decree nisi, and can later apply for the absolute for a further fee.

However, that said, it is wise to spend a little more and invest in a managed divorce. That way a legal professional can check all of the paperwork before it is sent to the court. This approach ensures there will be no need to re-file because of paperwork errors.

However, you decide to get a divorce you will need your original marriage certificate. No court will grant a divorce without the original certificate. Those who married in the UK a copy from the registrar’s office is also acceptable.

At Hylton-Potts, we offer a competitively priced fixed fee service for managed divorces. We also do the same for those who want to dissolve a civil partnership. Contact our legal team 24/7 via email at [email protected] or call us on our free helpline – 020 7381 8111.