Divorce, Separation and Dissolution

In order to get divorced, either the husband or wife must issue a Petition, which is an application to the Court for a divorce. They will be called the Petitioner. The Petition must establish that the marriage has broken down in one of five ways, these are:

• Adultery
• Unreasonable behaviour
• Desertion for a period of two years
• Separation for two years and both parties’ consent.
• Separation for five years.

A straightforward undefended divorce should proceed as follows:

• Relationship breakdown
• See a Marriage Guidance Counsellor if appropriate
• See a solicitor for some preliminary advice
• Inform your spouse of your wish to divorce
• Issue Divorce Petition (the Petitioner)
• The Respondent receives the Petition from the Court
• The Respondent has 7 days to Acknowledge that they have received the Petition and to consent to the divorce
• Court sends the Acknowledgement back to the Petitioner
• The Petitioner applies to the Court for Directions for Trial
• The Court will consider the divorce papers and, if satisfied all is in order, will issue an entitlement to a decree
• Court pronounces Decree Nisi
• 6 weeks and 1 day later the Petitioner may apply for Decree Nisi to be made Decree Absolute
• Court sends the Decree Absolute
• The Divorce is complete

It may be that for religious, financial or other reasons parties to a marriage do not wish to pursue a divorce but instead a decree of Judicial Separation. There is a similar procedure to be followed within undefended Judicial Separation proceedings.

The final decree made within such proceedings is a Decree of Judicial Separation. Under this decree, the parties to the marriage remain married. However, it is possible to deal with a financial settlement on judicial separation, by way of a Court Order.

This is different from the position under an informal separation, where there are no divorce or judicial separation proceedings in place. In cases of long-term informal separation, it is not possible to deal with a financial settlement formally, by way of a Court Order. In those circumstances, it may be that the parties to the marriage will choose to set out their intentions in relation to a financial settlement in the form of a Separation Agreement.

Defended divorce or judicial separation proceedings are relatively rare. There is an entirely different procedure which applies within defended proceedings. This procedure is much more lengthy and costly and in the event of proceedings becoming defended, you should obtain very careful advice about this.

If you would like further information about Divorce or Separation or would like to arrange a meeting, please contact Patrick Hart or Simon McKirgan by email or by telephone on 020 7583 2222.