Divorce Factsheet

There are three ways in which a married couple can legally separate from each other. The first and most common, is to ask the Court for a Decree of Divorce. The second is to ask the Court for a Decree of Nullity and the third is to ask the Court for a Decree of Judicial Separation. These are known as Matrimonial Causes or Matrimonial Orders.

The second two options are rarely used and we will therefore focus on divorce in this factsheet.

However, if you would like further information upon Nullity and Judicial Separation, please see our Factsheet: Annulment and Judicial Separation.

Divorce

In divorce proceedings, the person who applies to the Court for a divorce is called the Petitioner. The person being divorced is called the Respondent.

The Criteria for Divorce

To obtain a divorce you have to have been married in a legal marriage ceremony either in the UK or abroad.

Divorce proceedings can be started in the UK as long as at least one of you is domiciled or habitually resident here. You must have been married for at least 12 months and must be able to say that the marriage has broken down irretrievably.

The Grounds for Divorce

A divorce petition must show your marriage has irretrievably broken down due to one of five facts:

• Adultery: your spouse having had a sexual relationship during marriage with a member of the opposite sex
• Unreasonable behaviour: your spouse has behaved so unreasonably that you cannot be expected to go on living with them
• 2 years of living separate and apart: you have lived separately for 2 years and your spouse consents
• 5 years of living separate and apart: you have lived separately for 5 years, your spouse’s consent is not required
• Desertion: your spouse has deserted you for a continuous period of at least two years

Steps We Will Take

• We will guide you through each step of the process. We will discuss the funding options available to you for such proceedings and ascertain whether you will qualify for financial help from the Legal Services Commission or, if not, the likely costs involved, to include solicitors costs and court fees.
• We will draft all of the necessary documents for you to progress your divorce through to the final decree of divorce, Decree Absolute, which will dissolve your marriage in law.
• We will provide you with on-going advice at each stage to ensure matters progress smoothly should any complications arise. A common issue faced by Petitioners is their spouse not engaging in the proceedings. We will provide you with the options available to you to ensure that matters can progress irrespective of their reluctance or, for example, if the divorce is defended (or if you yourself want to defend a divorce).
• We will communicate with the Court on your behalf and, if necessary, your spouse or their legal representatives about the divorce.

There are financial repercussions which flow from a Decree of Divorce, particularly in regards to pension rights and it is always prudent to take specialist legal advice from us about your financial rights and responsibilities before ending your marriage.

Consideration should be given to making a Will as ending a marriage does affect a person's rights under a Will.

Financial Arrangements upon Divorce

There are likely to be arrangements which will need to be made to finalise your financial separation from your spouse.

It is important to note that obtaining a Decree Absolute ends the marriage but not any financial claims you may have against each other.

For further information please see our Factsheet Money following divorce

Separation without Divorce

You may decide that you wish to separate from your spouse but do not at the moment want to commence divorce proceedings for a variety of reasons. The Michelmores Family Law Service understands this and our sympathetic lawyers will not 'push you' towards a divorce if you don't feel ready for it at this stage.

One of the grounds for divorce proceedings is two years separation with consent. You may prefer to wait for this period to lapse rather than issuing divorce proceedings immediately on the basis of fault (adultery or unreasonable behaviour). In this instance, you can still record any financial agreement reached by entering into a Deed of Separation. For more information, please see our factsheet: Separation agreements.

It is also possible to obtain a legal separation. For further information, please see our factsheet: Annulment and Judicial Separation.

Our Assurance to You

We know that the breakdown of a marriage is traumatic. We are here to help, not hinder, and to do so cost-effectively and efficiently. At all stages we will advise you of the best way forward and will keep the issue of costs and their impact on any settlement under review.

Our team of experienced and highly trained family lawyers will give you sound and comprehensive advice. We will always consider whether mediation is the right way forward for you.

We also have collaboratively trained lawyers.

Contacts

Simon Thomas, Zoe Porter, Sue Dowen, Rachael Shearmur, Penny Rogers, Catherine Reynolds, Rachel Chadwick.

NB – For cases involving foreign or forced marriages, specialist legal advice is required. Please contact Simon Thomas for further information.