Getting divorced in England and Wales? Everything you need to know!

The marriage of top investment banker Lena Tan and her husband Weng Choy is being played out in front of the world's media following a dispute on where they can get their divorce granted.

House husband Mr Choy has filed for divorce in the UK courts but his wife wants the divorce to be granted in Malaysia.

The Malaysian-born couple, who have two children, have been at war since January 2012 when Mr Choy filed for divorce from his investment banker wife following a huge row on New Year's Eve 2011.

He is asking the English courts to give him a settlement of £11 million while Ms Tan is insisting he has no right to divorce in the UK because he is from Hong Kong.

A High Court judge ruled in March 2013 that Mr Choy had been "habitually resident” in London for at least a year before he filed for the divorce and was therefore entitled to end his marriage in the UK.

However, Ms Tan has filed for divorce in Malaysia, claiming that the family home was in fact in Hong Kong where their main interests were based. There was also a home in Malaysia.

Her lawyer, James Turner QC, is asking for the Court of Appeal to block the English divorce and prevent it from proceeding.

Meanwhile, Mr Choy's lawyer, Tim Bishop QC, has advised the court that his client insists he has been based in London since 2010 following a falling out with his wife and his main base has not been Hong Kong. He has even obtained a full British driving licence and a National Insurance number.

As a Liverpool family law solicitor servicing the Wirral and St Helens, I am guessing Ms Tan's main objective for fighting her husband is money. After all, it has been reported, that London is regarded as the divorce capital of the world because of the generous settlements the courts make and the swiftness of cases being settled.

But what is the criteria for getting a divorce in England and Wales and what grounds have to be met? Here, I take a closer look and give you some family law advice.

To get divorced in England and Wales, you must have a marriage that is legally recognised and have a permanent home in either place.

In addition, you must also have been married for at least a year and your relationship must have permanently broken down as stipulated in the Matrimonial Causes Act 1973.

One thing I should point out as a Liverpool family law solicitor servicing the Wirall and St Helen, is that a divorce cannot be granted because of 'irreconcilable differences' - in English law there is no such thing. To get a divorce, you have to show that the marriage has 'irretrievably broken down'.

What are the grounds for divorce?

Adultery

To prove adultery, you will have to prove that your spouse, either through actual admission or through adequate circumstantial evidence has had sexual intercourse with another person and that you can no longer tolerate being married to them. If sexual intercourse has not taken place, but they have been involved with another person, then you could cite unreasonable behaviour.

Please note though that less than six months must have elapsed since you became aware of the adultery before the petition is sent to the court, unless the adultery is continuing.

Unreasonable behaviour

Unreasonable behaviour is now the most common reason cited when people file for a divorce in England and Wales.

Usually the petitioner will set out a number of allegations against his or her spouse which might include excessive drinking, devoting too much time to a career or no longer sharing any common interests or goals.

Desertion

This term is applied if your spouse has left you without your consent for a period of at least two years but this is hard to prove.

Two year separation with consent

If you and your spouse have been willingly living apart for a period of two years, then this can be presented as the ground for divorce on the petition.

Five year separation without consent

You and your spouse have been living separately for at least five years before filing for a divorce. In this situation, your spouse does not have to consent to the divorce. However, they could hold up the final decree if they believe they would be financially worse off.

What are the most common grounds for getting a divorce?

The most common grounds for a divorce are adultery and unreasonable behaviour and this is because, as we have discussed, the other three grounds all involve a waiting time.

Getting divorced is not for the faint hearted. It can be very stressful and traumatic and needs to be considered very carefully, particularly if children are involved.

That's why if you are considering getting divorced, do seek family law advice. Do contact me to discuss - we are the north-west's only mobile family law firm.

Do you think Lena Tan wants to get divorced in Malaysia so she can stop her husband getting such a huge settlement? What grounds did you cite for your divorce?