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.

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