Applying for Divorce
Procedure for divorce
Should you need a divorce or dissolution, you must have been married or been in a civil partnership for at least one year.
You must also be able to show that there is an “irretrievable breakdown” arising from one of the following five facts:
• Adultery – as a result of your partner’s adultery you find it impossible to live with them (this fact cannot be used in a dissolution petition);
• Unreasonable behaviour – your partner’s behaviour is such that you cannot reasonably be expected to live with them;
• Desertion – your partner has deserted you for at least two years continuously (i.e. you did not agree to the separation).
• Two years’ separation with consent – you and your partner have lived apart for at least two years continuously. Both of you must agree to the divorce/dissolution.
• Five years’ separation – you and your partner have lived apart for at least five years continuously. Your partner does not need to agree to this.
The Heald family team will work with you to draft the necessary documentation with the aim of reaching an agreement with your partner in relation to the “fact” to be used in the petition. We will advise you as to the pros and cons of the different “facts”.
We subscribe to the Resolution Code of Practice, meaning that we take a conciliatory and constructive approach to ending your marriage/Civil Partnership.
It is very rare for a divorce/dissolution to be defended. Most petitions proceed by agreement. However, if this is not possible, we will give you realistic and practical advice about how best to conclude your divorce/dissolution.
If you would like to speak with one of your Family Law team please call us on 01908 662277.