Divorce Nitty Gritty - Divorce Grounds - 0844 800 0610 or 01923 432 706

1 Year Rule

To obtain a Divorce in this jurisdiction (England & Wales), you will have to establish (amongst other things), that you have been married for one entire year prior to presenting the Divorce Petition to the Court.

Divorce_Petition

Grounds for a Divorce

The sole ground for a Divorce, is that the marriage has broken down irretriavably. The Court must be satisfied by one of the following facts:

(a) That the respondent has commited adultery and the petitioner finds it intolerable to live with the respondent;

(b) That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;

(c) That the respondent has deserted the petitioner for a continuous period of at least two years immediately preceeding the presentation of the petition;

(d) That the parties of the marriage have lived apart for a continuous period of at least two years immediately preceeding the presentation of the petition and the respondent consents to a decree being granted;

(e) That the parties to the marriage have lived apart for a continuous period of at least five years immediately preceeding the presentation of the petition.

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Uncontested Divorce Petitions

If the Petition is uncontested the procedure can be straightforward, however on occasion the petition can be contested. Most divorces proceed on an uncontested basis known as the "Special Procedure".

The length of time it will take to get the Decree Absolute can depend on the complexities of the individual case.

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Other Matters

Divorce proceedings should not be considered in isolation to other issues relating to the division of the matrimonial finances and assets; (such as the home, spousal maintenance, child maintenance, distribution of savings and investments, pension entitlements - these will need to be considered); or concerns regarding the children such as contact (formerly known as access/ visitation) with the absent parent or who will have residence of the children.

Alternatives

There are alternatives to Divorce proceedings such as Separation and Judicial Separation proceedings. You should give consideration to the advantages and the disadvantages of these options including the division of the finances via for instance a Deed of Separation or Court Order/ Consent Order.

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The above is provided for information purposes only it is not a substitute for direct legal advice after detailed information has been provided during a personal appointment at our offices. This firm is not responsible for any action or inaction, financial loss or other detriment as a result of the general information provided. Please read and consider the disclaimer.