Filing for divorce


If you are thinking about ending your marriage and filing for divorce then you will definitely want to speak to a specialist divorce solicitor before you commence divorce proceedings. This will ensure that you understand the strict legal procedure of divorce and that you are aware of all the options available to you. This in turn will allow you to make the right decisions for you and your family.

In order to be eligible to apply for a divorce in England and Wales a couple must have been married for one year. Either party can apply for divorce by completing and filing an application form known as a petition form. Filing for divorce can be a complex procedure so getting assistance from an experienced solicitor is always advised. Within the petition form the petitioner (the person applying for divorce) must state that their marriage has irretrievably broken down - this is a requirement by law. In order to show to the court that the marriage has broken down in such a way the petitioner must use one or more facts and provide supporting evidence when necessary: a solicitor can help you with this. The five facts are adultery, unreasonable behaviour, desertion of two years, separation of two years with consent to the divorce and separation of five years.

In Northern Ireland the same grounds for divorce apply, the difference being that a couple must be lawfully married for two years before either party can apply for a divorce. In Scotland the same grounds also apply, but the separation grounds differ. Instead it is separation of one year with consent and separation of two years without consent.

If you would like to obtain some advice about filing for divorce, then Caven can put you in touch with a local law firm with specialist divorce solicitors free of charge. So, if you have any questions or would like our help in finding local divorce solicitors please call us on 08001 221 2299 or complete the web-form above.

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