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 of divorce.  Relationship breakdowns are often a time of emotional hardship and we will guide and support you through the process to make it as stress free as possible.

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 facts:

  • adultery

  • unreasonable behaviour

  • two year’s separation where both of you agree to the divorce

  • five year’s separation

  • desertion

When you start divorce proceedings you tell the court the basis upon which you are applying for a divorce in a document called a 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. Once this has been received, the Petitioner can apply to the court for a Decree Nisi. This is the first decree of divorce. It does not bring the marriage to an end. After six weeks, the Petitioner can apply for a Decree Absolute or final decree of divorce. It is the Decree Absolute which ends the marriage. If the Petitioner fails to apply for the Decree Absolute, the Respondent may apply after a further three months.

Although divorce procedure can appear to be fault-based, as one person must apply for the divorce and the other respond, 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. So far as is possible it is best to try and agree the details of the petition before issue.

It is rare that applications for divorce are challenged in any significant way but Rayden Solicitors are able to advise on the best way forward if this becomes an issue.

Where to issue

Increasingly individuals live abroad, work abroad or marry a partner from abroad. As a general rule of thumb the person that issues first secures the jurisdiction of their choice. Over recent years England and Wales has become known as the divorce capital of the world because of the Court's desire to ensure that results are fair and parties’ needs are met.  If you or your partner have a connection to more than one country and you are considering divorce you should contact Rayden Solicitors as soon as possible.