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, free from obligation please contact our family law specialists in the Family Department on 0207 332 2222 or email our family team.