Grounds for a divorce
The process
Costs
Children
While the process of obtaining a divorce is usually relatively straightforward, there are many associated issues that require careful analysis. Our experienced team can provide this for you with the objective of ensuring that you and your family have long-term security.
It is important to obtain specialist advice before commencing proceedings so that you fully understand the consequences of such a course of action. Amongst other things, a divorce affects your status in that you will no longer be entitled to any benefits under the terms of your partner's Will or any relevant pension provision.
Grounds for a Divorce
You must be able to prove that you have grounds (reasons) for seeking a divorce. The court will need to be satisfied that the marriage has irretrievably broken down and will accept one or more of the following grounds as proof:
a) your partner has committed adultery and you find it intolerable to live with him/her;
b) your partner’s behaviour has been such that you cannot reasonably be expected to continue living with him/her;
c) your partner deserted you at least 2 years ago;
d) you and your partner have lived apart for at least 2 years and you agree that there should be a divorce;
e) you and your partner have lived apart for at least 5 years
The Process
Proceedings are commenced by sending a Petition to the Court. In this document you will have to set out all relevant details relating to your marriage and you will also need to attach your marriage certificate. You also have to complete a Statement of Arrangements regarding any dependent children.
Once these forms have been completed and sent to a divorce court with the relevant fee, the court will post them to your partner. He/she will be required to acknowledge receipt of the papers and, provided that he/she indicates that he/she does not object to the divorce proceeding, you will then have to swear a Special Procedure Affidavit to confirm the contents of your Petition.
The Judge will then review the paperwork and, as long as he is satisfied that you have grounds for a divorce, he will sign the Certificate authorising the grant of Decree Nisi. That Decree will be issued in your absence (save in exceptional circumstances) and thereafter the earliest date when you can apply for Decree Absolute is 6 weeks and 1 day.
The application for this Decree is in standard form and usually the court issues Decree Absolute by return of post. When issued, the Decree Absolute formally dissolves the marriage.
This Certificate has significant financial consequences so it is important that you obtain advice before formally dissolving the marriage. For further information please read the financial settlements section of this website.
The Costs
If you instruct a solicitor to deal with the divorce proceedings you will have to pay his costs together also with the fee for commencing the proceedings and applying for Decree Absolute.
Depending upon the circumstances this may be something that you want to recover from your partner.
Children
The court must consider the arrangements you propose for the children following the divorce. The court will be concerned about any children under the age of 18 and still in full time education.
It will want to know where and with whom the children live, whether the other parent will see them and how frequently, where they go to school, their day to day care, their health and what financial support they will receive.
It is better for you and your partner to agree these things without the court having to make an Order. All of this information has to be included in the Statement of Arrangements.
In exceptional circumstances, where the Judge is not satisfied with the proposed arrangements, he can delay the issue of Decree Absolute until matters are resolved to his satisfaction. The Judge can:
a) request further information about the children;
b) arrange an appointment for you and your partner to visit him and discuss the proposed arrangements;
c) request a CAFCASS report. If this happens a Family Court Reporter will interview you, your partner and your children and will file a report with the court for the Judge to consider. You will receive a copy of that report;
d) make a court order on the basis that it would be better for the children if those arrangements were incorporated in such an Order.
