Divorce Proceedings (pre-6th April 2022)
Divorce is a legal process carried out in court
The only grounds for divorce is that your marriage has broken down irretrievably and this needs to be proved by establishing the existence of one of these five circumstances:
- The Respondent (the person who is served the divorce proceedings) has committed adultery making it impossible for the Petitioner (the person who starts the divorce) to carry on living with the Respondent.
- The Respondent has behaved in a way that means it’s no longer reasonable to expect the Petitioner to live with them.
- The Respondent has deserted the Petitioner for a continuous period of at least 2 years immediately before the divorce proceedings began.
- The couple has lived apart for a continuous period of at least 2 years immediately before the divorce proceedings began and the Respondent has given their consent for a decree to be granted.
- The couple has lived apart for a continuous period of at least 5 years immediately before the divorce proceedings began.
When it comes to a divorce proceedings there are 3 key things to bear in mind:
- The length of the process will vary from case to case but you cannot issue a petition for divorce unless you have been married for more than a year.
- If the divorce is not defended, you will not have to attend court.
- At the end of the divorce procedure, if the court decides you are entitled to a divorce, you will need to apply for legal confirmation (known as the Decree Absolute).