Divorce Advice & Information

A divorce is a formal termination of a marriage.

As long as you have been married for at least one year either partner of a marriage can apply for divorce to the court in England and Wales. One party must have lived in England or Wales for at least the year previous to the divorce application. If you have married abroad and now wish to divorce then you can apply for a divorce in England/Wales but you must have been domiciled or habitually resident in England or Wales for one year to apply for a divorce.

You should also consider mediation , counselling and all other alternatives to save your relationship before you decide to commence divorce proceedings.

What do I do first?

Before even thinking about starting divorce proceedings you should ensure you are fully informed - it is important you are aware of the procedures and your rights.

There is only one ground for divorce and that is that the marriage has irretrievably broken down. The court will need evidence proving the ground for divorce. Evidence of the breakdown has to be shown by proving one of the following:

• Adultery
• Unreasonable behaviour
• Desertion
• Two years separation if both parties agree
• Five years separation

Your evidence is set out in a document called a petition. If you file for divorce you are called the petitioner and your husband or wife is called the respondent. If you think you can handle the paperwork for the divorce yourself then there are many places on the net where you can download the forms, including Quickie-Divorce and Managed Divorce . Alternatively you can call your local County Court and ask them for their DIY divorce pack.

If your divorce is going to be complicated involving large assets, custody of children, an unpleasant ex-spouse or you simply don't want to deal with your ex then you are better involving a divorce law solicitor at this stage who will complete the petition with you. If you are using an online service you can fill the forms online, otherwise they are sent to court and one copy is then sent to your ex partner.

What happens next?

If your ex partner does not intend to contest the divorce (defend the petition) then they will reply to the court and you will be sent a copy. If your partner does intend to defend the petition you will also be notified.

Depending on whether the petition is contested or not will determine if you have to appear in court. If the case is straightforward and a judge is happy to grant a divorce you will be sent Form D84A which will tell you the time and date when the Judge will grant your divorce. This is called 'pronouncing the decree nisi'.

Divorce has two stages:

Decree Nisi - this is given by the court if they are satisfied that grounds for divorce have been established.

Decree Absolute - this makes the divorce final. At this point the divorce is irrevocable.

How...