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:

1. One party has committed adultery;
2. One party has behaved unreasonably such that the parties cannot be expected to continue living together;
3. One party has deserted the other for a period of 2 or more years;
4. The parties have been separated for a period of 2 or more years AND both consent to the divorce;
5. 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 http://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do

The financial aspects of Divorce are dealt with separately and information in this regard can be found on our Financial Remedy page.

At Hepburn Delaney, we offer a number of services to support you through your Divorce.  If your Divorce is going to be agreed between you and your spouse, we offer a fixed fee to undertake all the work from drafting the Petition, right through to obtaining the final order, Decree Absolute.   The only additional cost will be the Court fee and any additional work associated with financial remedy.

Alternatively, if you wish to undertake this work yourself, we are happy to advise you on an ad hoc basis at our competitive hourly rates.

In the event that the Divorce is to be defended, we will advise you of the likely fees at the outset and help you manage your legal costs to your best advantage.

If you decide to proceed with a Divorce and would like to discuss whether any of the facts apply in your case, we suggest that in the first instance you attend our initial fixed fee appointment when we can discuss your options in full.

To contact us, please:

Call us on 01442 218090

Send an email to info@hepburndelaney.co.uk

Click on the link to the right and Contact the Family Team

 The 5 steps for Divorce and Dissolution

 How to fill out a petition

 Difficulties with Service