Divorce

Select An Area... Overview When Can I Get A Divorce? How do I get a divorce? Do I have to tell the Court why I want a divorce? Adultery - Do I have to name the other person? Unreasonable behaviour - How bad does it have to be? Separation with consent - What if he will not agree? Do I have to live in this country to get a divorce here? What if I got married abroad? Will I need a solicitor? Will I have to attend a Court Hearing? How much will the divorce cost? Will I need my Marriage Certificate?

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 grounds.

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.

The articles on legal topics published in these pages are for interest only and are necessarily general in their terms. You should not act (or refrain from acting) on the basis of the information given without specific advice, as the principles and laws concerned may change, and their application will vary according to the particular circumstances.