Divorce Process - Options and Stages of Divorce
Divorce Process
Grounds for Divorce - In England and Wales there is currently only one way to prove grounds for divorce which is that the marriage has "irretrievably broken down".
To prove irretrievable breakdown of a marriage there are five ways:
- Adultery and intolerability
- Unreasonable behaviour
- Desertion for a period of two years
- Separation for a period of two years with consent of the other party
- Separation for a period of five years without consent
When can you apply for a divorce?
You cannot apply (petition) for a divorce until you have been married for at least a year. If there are children involved the timescale for applying for divorce is still unchanged. However, you can make applications to the court to resolve details in respect of children for things such as residency or contact orders (i.e. when and how the children are seen), likewise not being able to apply for divorce does not stop you seeking help from the Child Support Agency (C.S.A.).
Mediation - a process that is becoming more popular as it proves helpful to discuss issues face to face with your former spouse and neutral mediators.
Ancillary Relief Scheme - Speeding up divorce
A new divorce scheme and process where earlier meetings are arranged at court where a judge may express his views on a divorce case to give guidance.
The aim is to get all parties to agree a divorce settlement before going to a full court hearing. The idea being to speed up the divorce process and proceedings.
Obtaining a divorce - the five stages for an unopposed divorce are detailed on the left hand menu.
- Stage 1 - Deciding to divorce
- Stage 2 - Making an application for divorce
- Stage 3 - Divorce paperwork to the courts
- Stage 4 - Courts fix a date for decree
- Stage 5 - Decree nisi, decree absolute and a marriage dissolved
