DIVORCE AND DISOLUTION OF CIVIL PARTNERSHIP

If you are having problems in your marriage or partnership, you should first consider whether these difficulties can be resolved with the assistance of trained relationship counsellors. Organisations such as Relate can help you www.relate.org.uk.  

If you do decide to divorce or dissolve your partnership, then a divorce solicitor will be able to advise and guide you through the process. 

A divorce cannot be applied for until the couple have been married for at least 1 year.  To obtain a divorce in England and Wales, the marriage must be recognised as valid by United Kingdom Law and one of the partners must: 

1. Be living in England or Wales when the divorce is applied for or;

2. Have been living in England or Wales during the year before the application is made.

 The marriage must have broken down irretrievably and must be supported by one of the following factors: 

a)     Your spouse has committed adultery and you find it intolerable to live together or; 

b)     Your spouse has behaved in such a way that you cannot reasonably he expected to live together or; 

c)      You have been separated for two years and you spouse agrees to the divorce or; 

d)     You have been separated for five years or; 

e)     Your spouse deserted you for more than two years.

If more than one of the above reasons applies we will advise you on which is most suitable to your circumstances and what information the court will need. 

The Court Process: 

The Divorce is commenced by sending to the court the Petition, your marriage certificate and court fee (or a claim for exemption from fee if you are receiving legal aid).  The fee is currently £300.00. 

If you have dependant children you will also need to give details of their names and dates of birth, where they are living, which schools they attend and what arrangements have been made for their care.  The form to be completed is known as a “Statement of Arrangements Form”. 

Once the Divorce papers have been sealed and approved by the court a copy of the Divorce Petition and Statement of Arrangements for the Children will be sent to your spouse who is then required to complete an Acknowledgment of Service Form saying whether or not he/she agrees to the Divorce.  Provided he/she does not contest it, you will then have to swear an Affidavit confirming that facts stated in your Divorce Petition and ask for the court to set your case in what is known as the “Special Procedure List”.  If the court is satisfied that you should be entitled to the Decree sought, a date will be set for a pronouncement of Decree Nisi (the first stage in the Divorce Proceedings).

Six weeks and one day after pronouncement of Decree Nisi the Petitioner will be in a position to submit an application for the Decree Nisi to be made Absolute thus ending the marriage. 

If the Divorce is defended, the position is much more complex and directions will be made for filing of evidence and the matter will then be set down for trial/final hearing. 

You will also need to sort out financial matters relating to the family home, child or spousal maintenance, pensions and any savings and investments. The legal term for this is “Ancillary Relief” – see our web page on Financial Arrangements on Divorce and Dissolution of Civil Partnerships. 

If you have any queries whatsoever please do feel free to contact us on: 0116 2335522

			R.G. Frisby & Small - Family Law Department, 5 De Montfort Street, Leicester