Going Your Separate Ways

We are often approached by clients who wish to consider divorce, but who have some misconceptions about the actual process.

The first requirement is to establish that the Courts in England have jurisdiction to deal with the case.  This is determined by where the parties live or, possibly, originate from.  Having satisfied that requirement, the rules then require that you must have been married for at least 12 months and that the marriage has irretrievably broken down on the basis of one of the five following facts:

• Adultery
• Unreasonable Behaviour
• Desertion
• Two Years Separation (with the other party’s consent)
• Five Year Separation without consent

In the case of adultery, the person who has committed adultery cannot issue a Petition - the other party must do so!  It is not necessary to name the third party involved and, indeed, the Court discourages this.

In the case of unreasonable behaviour, this is a wide ranging option that can cover many problems, including, for example, behaviour ranging from violence to mismanagement of finances.

Occasionally, the parties will have been separated for some time and then they may choose to pursue either a  two year or five year separation divorce, as appropriate.

There is a Court fee of £300 to pay when a Divorce Petition is issued and a further £40 to pay when the final Decree (Decree Absolute) is requested.  Your solicitor’s costs will vary according to his or her hourly rate.

Occasionally, it is possible to seek an order that the other party pays your costs, or at least an agreed contribution towards those costs.

It should not usually be necessary for either party to attend in person at Court.  Peripheral issues such as finances and disputes regarding children can require Court attendance, but the divorce itself should be dealt with by post.

In terms of timescale, an uncontested divorce would generally be concluded within 4-6 months, although each case varies.

Within any divorce, it is vital to secure an Order relating to the financial aspect.  This may be by agreement or following contested proceedings, but until then, even the pronouncement of a Decree Absolute will not sever financial ties between the parties.

Although many people will attempt to deal with divorce proceedings themselves, it is advisable to seek expert advice regarding the wider implications of divorce from either a Law Society Family Law Accredited Specialist or a Family Lawyer member of Resolution.

Ann Barker, FILEX
Head of Family Law Department