Divorce And Dissolution

What are the reasons you can get divorced?

The only grounds for divorce are the "irretrievable breakdown of a marriage". If you are in a registered civil partnership, the process is called a dissolution.

A divorce or dissolution can be "no-fault" or "fault-based", although this doesn't have any affect on the other issues that need to be dealt with.

Do I need to go to court to get divorced?

No, not unless your husband or wife objects to the divorce. Most divorces are uncontested and don't go to court or cost much.

Your marriage must have lasted for at least a year before you can apply to the court for a divorce.

How do you show a relationship has "irretrievably broken down"?

You have to prove one of the following:

Adultery or
Unreasonable behaviour or
Desertion for at least two years or
Two years' separation, if you both agree to the divorce or
Five years' separation, if there is no agreement to the divorce.

For the dissolution of a civil partnership you can cite any of these facts except the first.

Are there any other requirements?

There are residency requirements for getting a divorce and you will have to show one of the following:

both of you live or have permanent homes in England or Wales or
the last place both of you lived was England or Wales and one of you still lives there or
you have lived in England or Wales for at least a year on the day the divorce process starts
you have your permanent home in England or Wales and have been living there for at least six months on the day the divorce process divorce starts.

You may need to get legal advice to ensure you identify the most relevant of these.

How long does it take?

There are three steps you have to go through before you can get your final decree. These normally take from six to eight months, depending on how long it takes to sort out the paperwork.

What are the steps I have to go through to get divorced?

To start the process, you have to fill in a petition form and return it to the divorce county court. From now on you are known know as "the petitioner". Your husband or wife is known as "the respondent".

You will need to supply copies of your marriage certificate and details of any children involved. The courts will post a copy of the petition to your husband or wife. This is known as "serving the petition".

Your husband or wife has eight days to acknowledge receipt of the petition. If they don't, the court will contact you for more details and, if necessary, arrange for a court official - know as a bailiff - to serve the petition in person.

What happens next?

The court must agree with any arrangements made for your children, for example, who they are going to live with, where they are going to live and what contact they will have with the non-resident parent.

The next and most important part of the process is known as "the Decree Nisi". This is the first stage of the actual divorce. It is granted only when a judge is satisfied there are proper grounds for a divorce. The judge will also check that all financial issues and arrangements for children have been agreed or are being resolved.

When is the divorce final?

The final stage of a divorce is called "the Decree Absolute". You can apply for the Decree Absolute six weeks and one day after the Decree Nisi. If you don't apply for the Decree Absolute, then your husband or wife can apply for it, but only after a further three months.

When you receive the Decree Absolute, you are no longer married and are free to re-marry. The court will only grant the Decree Absolute when the judge agrees with all arrangements for your children. A judge can make a final financial order before the Decree Absolute is granted, but the order will only come into force after the decree has been made absolute.

This fact sheet will give you some basic information about divorce and dissolution. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk.

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