DIVORCE PROCEEDINGS

Divorce proceedings cannot be started until the couple have been married for a year.

The English Courts can divorce a couple if the marriage is recognised as being valid in England and Wales and provided one of the couple is living in England and Wales when the divorce begins (or was living in England and Wales for a year before the proceedings begin).

Most divorces are undefended, allowing the divorce to proceed on paper through a very simple procedure. Only if one partner does not consent to the divorce will the couple have to attend Court.

Whether the divorce is consented to or not, the divorce can only proceed if one partner can show that the marriage has irretrievably broken down. To do this, the person applying for the divorce must prove one or more of the following facts:

1. Their husband or wife has committed adultery. If their partner does not admit the adultery, evidence must be obtained to show that the adultery has taken place. The person applying for the divorce must confirm to the Court that they can no longer tolerate living with their partner.
2. Their husband or wife’s behaviour has been unreasonable. Often, there are relatively mild examples, which are agreed by both. One incident of unreasonable behaviour can be sufficient if the behaviour was particularly severe. The person applying for the divorce must confirm to the Court that they cannot be expected to go on living with their partner.
3. Their husband or wife has deserted them. The person applying for the divorce must show that their partner left them without their consent over 2 years ago. Very rarely used.
4. They have been separated from their partner for at least two years and their partner consents to the divorce.
5. They have been separated from their partner for at least five years. Their partner’s consent to the divorce is not needed.

A straight-forward divorce can usually be obtained within 5 months of the proceedings beginning, provided neither husband nor wife delay matters.