Matrimonial

The mechanics of obtaining a divorce nowadays are usually quite straightforward, particularly if the couple agree that the marriage is over. The difficulties tend to lie rather in resolving the related practical issues stemming from divorce such as how to separate, where to live, and arrangements for the children and any money matters.

Your attention will probably be concentrated on those related issues and the process of actually obtaining a divorce may seem blurred. The purpose of this overview is to outline a broad framework of the divorce process, to highlight key points and to set out the sort of timetable to expect.

1) Who can start divorce proceedings?
Anyone who has been married for over a year provided one or other of the couple is either domiciled here or has been a resident in England or Wales during the proceeding year. It does not matter where the couple were married.

2) On what grounds can a petition be started?
The only ground for divorce is that the marriage has irretrievably broken down, but there is a complication. A divorce will only be granted if one of the five facts laid down by law, proving irretrievable breakdown, is established.

The 5 points for filing divorce are:

• 2 year separation and parties agree to divorce
• five year separation where parties do not agree to divorce
• 2 year abandonment
• adultery
• unreasonable behaviour

Click here to contact our matrimonial team (matrimonial@sanderssolicitors.co.uk)