Getting a Divorce
Getting a divorce or dissolution can only be applied for one year after the marriage ceremony. The marriage or civil partnership must have irretrievably broken down and this can be proved by a number of facts. In divorce proceedings, these can be:
The above facts can also apply to dissolve a civil partnership except however for adultery, as currently, this would not apply to a same-sex couple. A same-sex couple would cite any adultery as unreasonable behaviour.
We can advise and assist you on the right course of action for your circumstances.
There are 3 main steps to asking a court to approve your divorce paperwork. You have to apply to the court to file for a divorce and show the reasons why you want the marriage to end. The courts will grant a decree nisi if your ex-partner doesn’t defend your reasons for a divorce. On the other hand if they do defend it then you can still apply for a decree nisi, but you’ll have to go to a court hearing to discuss the case. You can apply for a decree absolute 6 weeks after your decree nisi date. This will legally end your marriage and allow you to remarry.
When you apply for a divorce you’ll need to prove that your marriage has broken down. You’ll need to give one of the following 5 reasons.
Your husband or wife had sexual intercourse with someone else of the opposite sex.
The law recognises the act of adultery as sexual intercourse between a man and a woman.
You can’t give adultery as a reason if you lived together as a couple for 6 months after you found out about it.
Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with them.
This could include:
Your husband or wife has left you:
You can still claim desertion if you have lived together for up to a total of 6 months in this period.
You can apply for a divorce if you’ve lived apart for more than 2 years and both agree to the divorce.
Either husband or wife must agree in writing.
You can apply for a divorce if you’ve lived apart for at least 5 years, even if your husband or wife disagrees.
When filing for divorce, you and your spouse also need to think about: