Divorce proceedings bring a marriage to an end and the marriage is finally brought to an end when the Decree Absolute is granted. Where there is no prospect of a reconciliation and where the necessary grounds exist, this is the most common course taken since it affords the opportunity of getting everything sorted out in one go and doesn't leave loose ends to be dealt with later on.
There is only one ground for a divorce and that is that the marriage has "irretrievably broken down".
This has to be proved in one of 5 ways either by proving:
- Adultery
- Unreasonable behaviour
- Desertion (for 2 years)
- 2 year separation and consent
- 5 year separation.
A divorce on an undefended basis takes in the region of 5 to 6 months. The undefended basis is what is often mistakenly called the "Quickie Divorce"
When Can I Get A Divorce?
A divorce petition cannot be started until the parties have been married for more than one year.
How Do I Get A Divorce?
A divorce is obtained by issuing a divorce petition in any divorce county court in England and Wales or, in London, in the Principle Registry. Our local divorce county courts are Worcester County Court and Gloucester County Court.
If a divorce petition is "successful", among the various stages in the legal process will be a Decree Nisi and, usually six or more weeks after that, a Decree Absolute. Only when the Decree Absolute has been granted will the marriage be at an end.
Do I have to tell the court why I want a divorce?
To satisfy the court that you have reasons for saying that the marriage is at an end (i.e. that the marriage has "irretrievably broken down") you must prove to the court one of the following:
- Your husband or wife has committed adultery.
- Your husband or wife's behaviour has been so serious that you can no longer bear to live with them.
- Your husband or wife deserted you more than 2 years ago.
- You have lived apart from your husband or wife for at least 2 years, and he or she agrees to a divorce.
- You and your husband or wife have lived apart for at least 5 years.
Adultery - Do I have to name the other person?
For some years now it has been unnecessary to name the person with whom the husband or wife has been committing adultery. It is sufficient merely to say that the other party has committed adultery with a person whose identity is known to you, but whose name you do not wish to disclose.
It will usually be necessary for the husband or the wife to admit the adultery on a form called an "Acknowledgment of Service". If there is likely to be a problem getting an admission of adultery you may need to get other forms of "proof" to satisfy the court that adultery has been committed, for example, a report from an Inquiry Agent.
Unreasonable behaviour - How bad does it have to be?
The most serious allegations of unreasonable behaviour tend to involve violence by one party to the marriage towards the other and, occasionally, even to the children of the family.
Other common allegations of behaviour include drunkenness, verbal abuse, mental cruelty and public humiliation.
Lesser examples of unreasonable behaviour, but nevertheless still worthy examples, include excessive jealousy, accusations of adulterous relationships, failing to help with household chores, financial incompetence leading to money problems, and a refusal to discuss marriage difficulties.
There is no single necessary ingredient. The court will simply consider the allegations in broad terms and decide whether the party who has made the allegations of unreasonable behaviour can, in the light of that behaviour, be reasonably expected to live with their spouse.
Whatever the allegations may be, they should be set out in separate paragraphs, using clear wording and as briefly as possible.
Separation With consent - What If He Will Not Agree?
If the other party cannot be persuaded to provide their consent to a divorce based on two years separation then the divorce can only proceed on one of the other four facts.
In some cases, this may mean that no divorce can take place until five years separation has passed. After five years separation the other spouse cannot stop a divorce except that the Decree Absolute can be held up by the other spouse in some cases if it is claimed there would be financial hardship to that spouse if the Decree Absolute were granted.
In such cases it is sometimes necessary for the petitioning spouse to make adequate financial proposals to the other spouse to persuade the court that the Decree Absolute should be allowed to go through.
Do I have to live in this country to get a divorce here?
The principal requirements are:-
- That the Husband and the Wife are both habitually resident or domiciled in England and Wales.
- The Husband and the Wife were last habitually resident in England and Wales and one party still resides there.
- That the Respondent is habitually resident in England and Wales.
- That the Petitioner is habitually resident in England and Wales and has resided there for at least one year immediately prior to the presentation of the Petition.
- That the Petitioner is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately prior to the presentation of the Petition.
Either the husband or the wife must have their permanent home in England or Wales when the divorce proceedings are started.
Alternatively, it is sufficient if the husband or the wife have been living in England or Wales for at least one year, as at the date the divorce proceedings are started.
What if I got married abroad?
This is generally no bar to getting divorced in this country. Increasingly couples are getting married in exotic foreign locations, or simply re-locating to a country other than the country of marriage.
Will I have to attend a court hearing?
If you can agree with your husband or wife about financial support, property, and the arrangements for any children, you may not have to attend a court hearing at all.
You may have to attend a court hearing if you ask the court to make an order for financial support, or cannot agree about the arrangements for the children.
How much will the Divorce Cost?
We will be happy to discuss the matter of our charges with you, but in any case there will usually be expenses such as court fees.
The court fee for starting a petition is now £300.00. You may also have to pay £40.00 for the Decree Absolute, which is the document that shows you are divorced.
Will I need my Marriage Certificate?
Yes. You will have to provide the court with a Marriage Certificate when the proceedings are started. The certificate will be kept on the court file, and it is generally not returnable. The certificate must not be a photocopy.
Where can I get a copy of my Marriage Certificate if I do not have one?
If you were married in England or Wales you can get a copy from:
The Registrar General
OPCS
Southport
Smedley Hydro
Trafalgar Road
Birkdale
Southport
PR8 2HH
Only postal applications are accepted. You should send a cheque or postal order for £15.00. Cheques should be made payable to: "HM Paymaster General".
The Office will also want to know:
- The date and place of your marriage
- Your full name
- The full name of your husband or wife
Alternatively you can call into the Office of Population Census and Social Services at:
St. Catherines House
10 Kingsway
London
WC2A
Only personal applications are accepted - i.e. not by post. The cost of the Certificate will be £7.00.
Contact the Registrar of Marriages at the local Council (in the region where you were married) and ask for a certified copy Marriage Certificate. The application will be by post and will cost £7.00.