There is currently only one ground for divorce in England and Wales, namely that the marriage has irretrievably broken down.

In order to prove this is the case, the Petitioner must prove one of five possible facts:-

• Adultery
• Unreasonable Behaviour
• Desertion
• 2 Years Separation with Consent
• 5 Years Separation without Consent.

Provided that the Petitioner can prove one of these facts he/she will normally be entitled to obtain a divorce.

The Procedure

At the initial meeting with one of our matrimonial specialists you will be asked a number of questions about you, your spouse and the reasons for the breakdown of the marriage. If after being advised of your rights you decide to seek a divorce, this information will then be used to prepare the divorce petition.

Once the petition has been approved by you we will send it to the Court to be issued, which officially commences the divorce proceedings.  Where there are children of the family a separate Statement of Arrangements for Children form will need to be completed.

The Court will send a copy of the Petition, Statement of Arrangements for Children form (if applicable) and Acknowledgement of Service form to the Respondent asking him/her to complete the form and return it to the Court.

The vast majority of divorce petitions are not disputed and this means that after completing a few more forms, the Court will in due course notify us of the date on which the decree nisi will be pronounced.  There is no need for either party to attend at Court on that day. 

The decree nisi is sent to both parties and the Petitioner then has to wait for a minimum of six weeks and a day from the date of the decree nisi before applying for the decree nisi to be made absolute. 

For further information, advice or to commence the process of obtaining a divorce, please contact us.