England and Wales does not have a ‘no fault’ divorce system.
In order to divorce a party has to present a document to court known as a Petition for divorce together with a court fee and the original/certified marriage certificate or and a certified translation if it is in a foreign language.
The Petition should show that the marriage has irretrievably broken down and that this was due to one of five facts:
- Adultery by the other party
- The unreasonable behaviour of the other party
- That both you and your spouse have lived continuously apart for 2 years or more and the other party consents to a divorce being granted based on this fact
- That your spouse has deserted you
- That you and your spouse have been living apart for 5 years or more
Our advice can include:
- Advice – As to your options and the divorce process;
- Documentation – Preparing the documentation for the court to apply for the Divorce or advising you how to do so;
- Marriage Certificate – What to do if you cannot locate your marriage certificate including if the place where you married no longer exists to get one;
- Unknown whereabouts of your spouse – What to do if you do not know where your spouse is living and wish to progress the divorce;
- Defended Proceedings – What to do if the divorce proceedings are defended or you wish to defend the divorce proceedings;
- Expediting the application for Decree Nisi and Decree Absolute – How to apply to court to expedite the Decree Nisi and Decree Absolute if there is a real urgency that you obtain the divorce quickly.
- Which country – International considerations and where it would be best for you to issue the court proceedings; sometimes referred to as ‘forum shopping’
- The financial matters on divorce – The divorce is separate to the financial matters on divorce but it is advisable to obtain a final court order in relation to the financial matters on divorce and the division of assets on divorce also. We can assist you to do so.
Contact us – We are here to help you
|For further information and free from obligation, please contact our family law specialist and the head of the family department Mrs Stala Charalambous either by phone 020 7822 2222 or email email@example.com.|