Divorce

Divorce is the legal process that brings a marriage to an end.  Unless one spouse defends the divorce proceedings, it can be done entirely on paper – you will not be required to attend court at all in most cases.

The divorce process is separate from considerations of what to do with your money or property, or what arrangements should be made for your children.

The legal framework requires that one spouse must ‘petition’ for divorce against the other, even if both of you have agreed to divorce.  The court will grant the divorce if it is satisfied that the petitioner has proved the marriage has irretrievably broken down.  This can be proved by reference to the other spouse’s adultery, behaviour or desertion, or if you have lived separately for two years and your spouse consents, or if you have lived separately for five years.

If necessary, the terms of a divorce can be discussed in mediation, in the collaborative law process, or using traditional solicitor-to-solicitor negotiation techniques.

Please download our information sheet if you would like more details about what is involved in obtaining a divorce. Alternatively, you can call Gail, William, Sue, Adam or Simon on 01223 443333 for a confidential initial discussion.