Q: How long do I need to have been married before I can start divorce proceedings?
A. You cannot start divorce proceedings until you have been married for at least 12 months.
Q: What evidence do I need to show to start divorce proceedings?
You have to show that your marriage has irretrievably broken down and this can be evidenced in one of the following 5 ways.
(a) That the other person has committed adultery.
(b) That the other person has behaved unreasonably.
(c) That the other person has deserted you for a continuous period of at least two years immediately before the presentation of the Petition.
(d) You have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the other person agrees to the divorce.
(e) That you have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition, even if the other person does not agree.
Q: Will it make any difference to a financial settlement who instigates the divorce?
A: No, none at all.
Q: How long does it take to get divorced?
A. Normally from the date of the issue of the divorce petition, you should allow four to six months assuming the petition is not opposed by the other person.
Q: Do I have to attend Court?
A. In the vast majority of cases, where the Divorce is not opposed by the other party, there is no need for any attendance in Court by either party.
Q: My husband/wife was the cause of the breakdown of the marriage. If I bring a divorce can I claim costs against them?
A: If your husband/wife has committed adultery, acted unreasonably or has deserted you, then you can ask for an Order that they pay the costs (including the court fees of the divorce). However, it is becoming more common for the costs to be shared. Normally if you bring a Divorce Petition based on two years or five years separation you should expect the costs to be shared.
Q: Because of my religious beliefs, I do not approve of divorce. Is there any other way of the Court regulating my Separation?
A: Yes, you can apply for a Decree of Judicial Separation. This is very similar to a Divorce Petition but the end result does not lead to a divorce, simply a formal recognition of your Separation. Your Solicitor will give you more specific advice on this particular aspect.
For a free, initial appointment without obligation or to find out more, telephone our family law expert on (01229) 811811
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