Divorce

A divorce is a difficult process for anyone undergoing it and often one where emotions can be highly charged. Should you be contemplating divorce, the following information may assist you.

The divorce process and grounds for divorce

In order to obtain a divorce, you must have first been married for a minimum of one complete year. This is a requirement in all divorce proceedings.

The person who applies for the divorce is known as the Petitioner in the proceedings and the spouse they wish to divorce is known as the Respondent.

Issuing divorce proceedings

There is only one ground for divorce and that is that your marriage has broken down irretrievably. However it is necessary to prove the irretrievable breakdown of marriage by one of the following:

• Adultery
• Unreasonable behaviour
• Two years separation with consent
• Five years separation without consent
• Desertion

The cost of the divorce proceedings can be pursued against the Respondent if his/her behaviour or adultery has caused the breakdown of marriage. This is commonly known as the fault divorce as their behaviour or conduct has caused the breakdown of the marriage. Depending upon which of the above is used, the process of obtaining a divorce is usually straight forward.

Where there are dependant children, an additional document, called a Statement of Arrangements for any child of the family under the age of 18, also needs to be completed. This document requires all relevant details of the children, including their age, any special needs and/or health concerns including arrangements as to where the children will live, their educational arrangements including details of the children’s school. Arrangements for contact with the absent parent are set out as well as confirming who the child will live with on a day to day basis. It is part and parcel of the divorce process that the District Judge must be satisfied as to the arrangements in respect of the children. If there are any issues to be clarified, the court may write to the parties requesting further written evidence be filed and very occasionally may ask the parties to attend for a short appointment. This is, unusual and most divorce proceedings are straight forward without either party ever having to attend court. Should you be unable to reach an amicable agreement with your spouse concerning the children’s arrangements, advice on how we can assist you is referred to in the section entitled Disputes regarding children

Providing the divorce goes ahead on an undefended basis, the timescale for obtaining a divorce from start to finish, when the Decree Absolute is pronounced, is usually within a period of 4 to 5 months.

There are a number of court fees payable to Her Majesty’s Court Service (HMCS) in respect of the divorce proceedings. These are presently as follows:

Divorce Petition fee £340
Decree Absolute fee £45

It is also a requirement that your original marriage certificate will have to be sent to the court along with your divorce petition. We cannot proceed without it and should you be unable to locate it, a certified copy will have to obtained from the Registrar of Births, Deaths and Marriages where there is an additional fee payable of £7.00.