Divorce: What you need to know

Whilst divorce is never an easy option, it can often seem a lot less daunting once you have the correct information. One of the most common matrimonial myths is that anyone can get divorced.  In reality, you must have been married to your spouse for at least a year before you can instigate divorce proceedings. If you want to apply for a divorce, you need to be able to prove that your marriage has broken down irretrievably. In order to prove this, you will need to use one or more of the following reasons:-

 Adultery

The law defines the act of adultery as sexual intercourse between a man and a woman. It’s important to note that you cannot rely on adultery in your divorce petition if you lived together as a couple for six months after you discovered that it had happened.

 Unreasonable behaviour

Unreasonable behaviour can be best described as one spouse behaving in such as way that the other spouse cannot reasonably be expected to live with them. Whilst this is not prescriptive, this can include a range of behaviour such as physical violence, financial control, verbal abuse, alcohol/drug, not contributing to family life and refusing to socialise – these are only a few examples of unreasonable behaviour that we often come across.

 Desertion

Desertion is where one spouse leaves without the other knowing where they have gone and in some instances why.  Desertion petitions are quite rare and there must be a minimum period of 2 years which has passed before you can issue your petition on this basis.

 Separation for two years

You can also base your petition on the fact that you have been separated for a minimum of two years.  In this instance both parties must agree to go ahead on this basis. Many people are unsure as to whether you can use separation as a valid reason if you have lived together whilst separated. The answer to this is yes; you can be separated while living in the same home as long as you’re not together as a couple. For example, sleeping or eating apart.

 Separation for five years

Finally, you can reply on a separation lasting five or more years.  In these circumstances, a divorce can still be granted even if one spouse disagrees.

 The process

Once a petition has been lodged with the Court, and the other party responds to it, the Court will then decide whether the petition meets the criteria for a divorce. If the grounds are met, the Court will provide both parties with a declaration that they are entitled to divorce, known as a “Decree Nisi”. Once this is granted, the next stage is for the petitioner to apply for the “Decree Absolute”, this is the document that officially ends the marriage.

If you are considering divorce, it is always a good idea to seek initial legal advice from a specialist divorce lawyer to gather more information on your individual situation. They are there to guide you through the process from the start to finish and can bring an element of objectivity in a time of great emotional difficulty and disruption.

One of the most frequently asked questions regarding divorce is “How long will it take?” This is in fact one of the most difficult questions to answer because every single case is unique.  Timescale is dependent on numerous factors including court processing times, communication between the parties and how contentious the matter is. Where the overall costs of a divorce are concerned, at Chadwick Lawrence we will generally offer a fixed fee option for the divorce process provided that this is not going to be defended by the other spouse.

Finally, it is always important to consider other aspects of everyday life which will be affected by divorce.  For example, divorce alters each party’s legal entitlement to certain matrimonial assets. These could be the former matrimonial home or other property, shares, investments and savings as well as money invested in pensions or in a business. It is also important to consider if you need to make a new will to account for the significant change in circumstances since your last one was created.

For advice on divorce, or any other family law matter, contact us on 0800 015 0340 to arrange an initial free half hour appointment with one of experts.