Divorce & Separation

Grounds for Divorce

It’s common for people to say Grounds for Divorce but in English Law there is only one Ground for Divorce: that the marriage has irretrievably broken down. Evidence of an irretrievable breakdown of the marriage can include:

1/. Adultery
2/. Unreasonable Behaviour
3/. 2 Years Separation with Consent
4/. 5 Years Separation
5/. Desertion

It is very important that you get legal advice on divorce as early as possible to ensure that divorce proceedings are issued on the most appropriate basis. Amending Court documents at a later stage can lead to delay and unnecessary costs.

The Divorce Process begins with the petition being sent to the court by the Petitioner. The Petitioner must rely on one of five different facts to prove to the court that the marriage has “irretrievably broken down”. There is usually no need for the parties (the Petitioner and the Respondent) to attend court during the process. The Respondent will be required to complete a form called an Acknowledgement of Service once he or she receives the Divorce Petition, on which he or she can confirm that the divorce will not be defended. If this form is completed and returned to the court quickly, usually within 7-14 days, it will enable the Petitioner to proceed with the next stage of the divorce which is to apply for Decree Nisi. Once Decree Nisi has been pronounced, the Respondent can apply for the Decree to be made Absolute six weeks and a day later (43 days) and once Decree Absolute has been made (and not before) the marriage is

How Long Does it Take to Get a Divorce?

If there are no complications the divorce process generally takes four to six months to complete depending on how busy the Courts are.

Important: In order to protect your financial assets, we recommend that you resolve your Money Matters alongside the divorce. Depending upon the particular facts of your divorce case, we may recommend delaying the application to finalise the divorce until any financial issues have been resolved.

Are there any Alternatives to Divorce?
Yes, this is known as Judicial Separation and is not so common. Judicial Separation is generally used by people who have a religious objection to divorce. The Court retains the power to resolve money matters on Judicial Separation with the exception of pension sharing. The most significant difference between divorce and Judicial Separation is that you cannot remarry.

Judicial Separation
A judicial separation allows you to live apart, without divorcing or ending a civil partnership.
You can ask for a legal separation for the same reasons you could file for a divorce .
However, you do not need to show that the marriage or civil partnership has broken down irretrievably.

You may want a legal separation if:

You have religious reasons against divorce
You’ve been married or in a civil partnership for less than a year
You want time and space to work out if you want to end the marriage or civil partnership

  • CLASSIC – recommended for standard procedure
  • Initial consultation and instructions 45 minute consultation regarding children and finance Preparation of standard court documentation (4 documents) A strong statement for the judge Translation of marriage certificate into English (if needed) Court correspondence Update
  • FRIENDLY PERSONALISED – Recommended when you want to discuss details related to children and finances after divorce or separation.
  • Initial consultation and instructions Preparation of standard court documentation A strong statement for the judge Translation of marriage certificate into English Court correspondence Petition within 48 hours 45 minute consultations regarding children 45 minute consultation regarding finances Agreeing the reason – negotiating with the Respondent to avoid conflict Update
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