There is only one ground for Divorce in England and Wales and this is that the marriage has irretrievably broken down.
A divorce can be based on one of the following five facts:
- One party has committed adultery;
- One party has behaved unreasonably such that the parties cannot be expected to continue living together;
- One party has deserted the other for a period of 2 or more years;
- The parties have been separated for a period of 2 or more years AND both consent to the divorce;
- The parties have been separated for a period of 5 or more years.
If any of the above apply, you are entitled to petition for Divorce.
Generally, the Divorce is dealt with by way of agreement between the parties. In this instance, the Divorce is simply a paperwork exercise and will rarely require either party to attend Court. There are regrettably some instances where the Divorce is contested and we have the expertise to advise you on these rare occasions.
The Divorce Petition is the main document that must be completed and sent to the Court. If you are thinking of preparing the Petition yourself, a blank version of the Petition can be downloaded via the Form Finder at www.justice.gov.uk/forms/hmcts.
The financial aspects of Divorce are dealt with separately and information in this regard can be found on our Financial Remedy page.