Separation Law & Divorce Law

There is one ground for divorce in England and Wales, that being the "Irretrievable Breakdown of the marriage".

"Irretrievable Breakdown" must be established by relying on one of five specified facts. These are as follows:

Adultery by the Respondent not the Petitioner - this must usually be admitted.

Unreasonable Behaviour of the Respondent - usually six examples of fairly recent behaviour which the Petitioner felt were so unreasonable that they could not be expected to continue living with the Respondent and which the Court would agree was sufficiently unreasonable to establish this.

Desertion - the Respondent having left the marriage and their whereabouts not been known for a period of two years - used rarely.

Two years separation with the consent of the Respondent - this must usually be two years of physical separation between the parties and the Respondent must consent to the divorce.

Five years separation without the consent of the Respondent - again this must usually be physical separation.

Unless one of these five facts exists, it is not possible to commence divorce proceedings. Unlike in the USA, it is not possible to Petition for divorce in England and Wales on the basis of the incompatibility of the parties. Unless and until Parliament chooses to change the relevant legislation, the fact remains that unless the parties have been separated for at least two years, the Petition must be fault-based.

Simple divorce usually takes 3 - 4 months from start to finish. There are various steps which must be undertaken to obtain the final order dissolving the marriage, the Decree Absolute. Here at Rundlewalker, we have an experienced team of Solicitors waiting to assist you with any divorce query. We provide initial advice free of charge.

Please contact our Family Law Team by telephone for free initial advice: 01392 209209.
If you choose to email, please provide a contact telephone number and we will call you at the earliest opportunity.
Nick Dudman, Director: 01392 209210. Email
Susan Jury, Solicitor: 01392 209212. Email

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