Divorce

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Divorce is often one of life’s most stressful and difficult experiences.  The situation is only worsened when trying to understand the formalities for bringing the marriage to an end legally.  Emotions are high and people can become confused about the process, which can cause a host of problems in what is ultimately a major event in someone’s life.

Within the laws that govern England and Wales, there is only one ground for divorce, the marriage has irretrievably broken down. When trying to satisfy this one ground, an individual can only rely on any one of five “facts”:

• Adultery – this is perhaps the best-known of the facts.  As well as proving the adultery, it must also be shown that, as a result, you now find it intolerable to live with the other person.  This fact, however, cannot be relied on if you have remained living with the other person for a period of least 6 months since you discovered the last act of adultery.
  
  
• Behaviour – this is the most commonly relied on fact.  You need to show that the other person has behaved in such a way that you cannot reasonably be expected to live with them.  Examples of such behaviour are wide-ranging and may be anything from the most serious allegations of violence at one end of the spectrum to relatively trivial matters at the other.
  
  
• Two years’ separation with consent – in other words, you have been separated from your partner for at least two years and both of you consent to the divorce.  This is the most amicable way of achieving a divorce but it must be noted that the separation must be for a total period of two years.  If, within those two years, you have resumed living together for a period (or periods) of less than 6 months, that time must be disregarded when calculating whether you have been separated for the full two years.  Any time spent living together for a continuous period (or periods) of more than 6 months will effectively “reset the clock”.
  
  
• Desertion – this fact is rarely relied on as it is often more appropriate to rely on unreasonable behaviour.  Nevertheless, you must prove the other person has deserted you for a continuous period of two years.
  
  
• Five years’ separation – the parties must have been separated for a continuous period of at least five years.  Unlike the two year separation “fact” above, this fact can be relied upon regardless of whether the other person consents.

The vast majority of divorces proceed undefended.  To initiate a divorce, a petition must be drafted together with a statement of the arrangements proposed for any relevant children.  We will be happy to prepare these documents on your behalf and guide you through the relevant procedures in order to achieve a decree of divorce.

It usually takes about a month for the Court to pronounce Decree Nisi.  This does not mean you are divorced, but it does mean that the Court is satisfied that you are entitled to a divorce.  For the divorce to be finalised, you must wait 6 weeks from the date of the Decree Nisi before you can apply for Decree Absolute.  It is this Decree that means you are divorced an either party is then free to remarry should they wish to do so.

For more Information please complete our Enquiry Form call us direct on 01245 228106 or email mail@gepp.co.uk