Divorce

Whether you have made a firm decision that your marriage is over, or are unsure as to your future, it is often helpful to be aware of the basic facts about divorce.

A divorce can only be started after you have been married for one year and then you must show the court that your marriage has “irretrievably broken down” relying on one of five prescribed facts – adultery, unreasonable behaviour, two year’s separation where both of you agree to the divorce, five year’s separation or desertion.

When you start divorce proceedings you tell the court the basis upon which you are applying for a divorce in a document called the Petition. The Petition will also set out basic details about your marriage. The Petition must be accompanied by your original marriage certificate and the court fee. The person who starts the divorce proceedings is called the Petitioner and the other person the Respondent.

If the Respondent agrees to the divorce he or she will return to the court a form confirming this fact, the Petitioner will formally ask the court to grant an interim divorce and then, after six weeks, the Petitioner can ask that a full divorce is granted. The Respondent can also take this step but must wait a further three months before doing so.

Although divorce procedure can appear to be fault-based, as one person must apply for the divorce and the other respond to that application, the Courts are keen to avoid antagonism between parties as much as possible. Save in exceptional circumstances it is wise to draft the Petition in a way that will minimise the potential areas of dispute between you.

It is rare that applications for divorce are challenged in any significant way but we are able to advise on the best way forward should this arise in your case.

Although most divorces are very straight-forward, there are always tactical considerations to be borne in mind. This is particularly true where one party to a marriage has connections abroad. Early advice will help to ensure that the divorce proceedings provide an appropriate first step to any financial or other application that may need to be made.