Divorce Proceedings

Technically speaking, divorce is a legal process that is carried out in court.

The only ground for divorce is that the marriage has broken down irretrievably. This must be proved by establishing the existence of one of five factual circumstances.

a. The Respondent has committed adultery and the Petitioner finds it impossible to live with the Respondent.

b. The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with them.

c. The Respondent has deserted the Petitioner for a continuous period of at least two years immediately before the start of the divorce.

d. The couple has lived apart for a continuous period of at least two years immediately before the start of the divorce and the Respondent consents to a decree being granted.

e. The couple has lived apart for a continuous period of at least five years immediately before the start of the divorce.

Note that in legal terms, the person who starts the divorce is referred to as the Petitioner and the other is referred to as the Respondent.

If the divorce is not defended, you do not have to attend court. Following the end of divorce procedure, you can simply apply for legal confirmation (known as the Decree Absolute).

Timings

The length of the process differs from case to case. However, you should be aware that you cannot issue a petition for divorce unless you have been married for more than a year.

“The service and advice I received throughout my divorce has been of the highest standard. You’ve got the patience of a saint considering the performance of the ex!”

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