07th December 2017
Can I get a divorce? What are the grounds?
First, we need to establish that the court in England and Wales has jurisdiction to be able to process your divorce — to do that one of the following must apply:
- Both of you must live in England and Wales
- Where you last lived together in England or Wales and one of you still lives there
- The person who wishes to commence divorce proceedings has lived in England or Wales for one year prior to filing the divorce petition, or in the circumstances where that person was born in England or Wales, that they have lived in England or Wales for six months prior to filing the divorce petition
- That you were both born in England or Wales. Additionally, you need to have been married for at least one year.
What are the grounds?
Well we need to show that the marriage has broken down irretrievably. We do so by showing one of five grounds:
- That the other person has committed adultery (that is sexual intercourse with another person) and that you find it intolerable to live with the other person.
- That the other person has behaved in such a way that you cannot reasonably be expected to live with the other.
- That the other person has deserted you for a continuous period of at least two years prior to the petition being filed.
- That you have lived apart for a continuous period of at least two years prior to the petition being filed and both of you consent to the divorce.
- That you have lived apart for five years.
The process takes between 5 to 6 months approximately if there are no other complicating factors. In that time, the court will consider the arrangements for your children — it will make no order in relation to your children unless there is a contentious aspect. It will consider who should pay the costs of the divorce.
Generally there is no need to attend court unless there are contentious issues relating to the divorce process, or relating to arrangements for the children.
Please contact our specialist family law team, to discuss this issue, or any other issue of family law or relationship breakdown.
You can always call us on 0808 168 5550 or email us on email@example.com
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