Divorce / Disolution of Civil Partnership

You may decide to initiate divorce proceedings. There is only one ground for divorce which is irretrievable breakdown of marriage.

There are five facts to upon which you can rely on when seeking a divorce. The person asking for a divorce (Petitioner) must satisfy the Court that either:-

1. The other person (Respondent) has committed adultery and that the Petitioner finds it intolerable to live with him or her; or
2. The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with him or her; or
3. The Respondent has deserted the Petitioner for a continuous period of at least two years immediately preceding the presentation of the Petition; or
4. The marriage partners have lived apart for a continuous period of at least two years immediately preceding the filing of the Petition and the Respondent consents to a Decree being granted; or
5. The marriage partners have lived apart for a continuous period of at least five years immediately preceding the presentation of the Petition.

The first stage of a divorce is marked by the Decree Nisi. This is the Court Order that recognises that the marriage has irretrievably broken down.

Six weeks and one day after the Decree Nisi date, you will be entitled to apply for the Decree Absolute. This is the Order that dissolves your marriage or civil partnership.

Usually we advise clients not to apply for the Decree Absolute until financial matters are settled.

An undefended divorce will take a minimum of 4 months to complete. Determining the financial issues usually takes longer.