Divorce Proceedings – Family Lawyers Dot Co
Grounds for Divorce
There is only one ground for a divorce, namely that the marriage has irretrievably broken down. To prove this, one of five facts must be established:
Your husband/wife behaved in such a way it is unreasonable to expect you to live with them
Your husband/wife committed adultery and as a result you find it intolerable to live with them
Your husband/wife has deserted you for a continuous period of at least 2 years
You and your husband/wife have lived separate and apart for at least 2 years and your spouse consents to there being a divorce
You and your husband/wife have lived separate and apart for at least 5 years (no consent required)
The Divorce Procedure
Ending your marriage does not need to develop into a war. We will use our best efforts to try and agree the details set out in the divorce petition. This is not appropriate in every case, but it may make the path towards divorce a little easier for both parties.
Having completed the Divorce Petition and the Statement of Arrangements for Children (if appropriate), both documents will be sent to you for your approval. Once your approval is received the document(s) will be sent to your local Family Court. The court will attach their seal and copies will be posted to your spouse.
On receipt of the forms your spouse will then need to complete an Acknowledgement Form. This form will provide your spouse with the opportunity to:
Confirm that he/she has received the divorce petition
Indicate whether they intend to oppose the divorce
Indicate whether they agree with the proposals for your children (if applicable)
Interestingly, only 1% of divorces are opposed; 99% progressing unopposed. Your divorce will proceed without either of the parties being required to make any admissions. When the court considers the Financial Arrangements between the parties, generally speaking the court are not concerned with whose fault it was that led to the breakdown of the marriage.
When the acknowledgement from your spouse has been returned you will need to confirm the content of your Divorce Petition is true. You will need to complete a sworn statement to this effect. Your sworn statement is then sent to the court and, together with all of the divorce papers, is referred to a District Judge. The District Judge will check that all papers are correct and that you have made out the grounds for divorce. If satisfied that all is in order, the District Judge will certify that you are entitled to a Decree of Divorce and a date will be set for the Decree Nisi.
When you divorce is heard there will be no need for you to attend court. The Decree Nisi will be read out in court and, after a period of 6 weeks after the date of the Decree Nisi has elapsed, you will be able to apply for your Decree Absolute finalising your divorce. If everything is in order, your Decree Absolute will be sent to you in the post and you will be divorced.’
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