facing divorce

There were 141,750 divorces last year and more than half of these involved children. A sad fact, but if your marriage has irretrievably broken down, divorce or a separation agreement may be the next step in allowing you to close the chapter and move on with your life.

So what’s the next step from here? Either party can apply to the court for the marriage to be dissolved as long as they are resident in the UK. Evidence of the marriage breakdown has to be given by proving one of the following facts:

• Adultery
• Unreasonable behaviour
• Desertion  (for 2 years or more)
• Two years' separation – with the consent of both parties
• Five years' separation – no consent required

If a couple live together for more than six months after either the last act of unreasonable behaviour or the discovery of the last act of adultery, then that evidence cannot be used for divorce proceedings. Similarly, a period of separation would be discounted if the couple live together again for a period of six months.

how long will it take?
The process can take from 4-8 months depending on the court and the complexity. The time it takes, and the stress involved in the process, can be greatly reduced by keeping on top of dates and going to the court yourself to lodge documents.

If you use a Solicitor make sure they have applied for the various stages when they arise.

Financial and child-related matters have separate timescales of their own.

There are two main parts to the divorce has two main stages. The first, the Decree Nisi  is granted by the Court if it is satisfied that the grounds for divorce have been established. The divorce is not final until the Decree Absolute. Only the Decree Absolute is irrevocable.