Who Can Start Divorce Proceedings?
Anyone who has been married for over a year provided the relevant criteria on residency and domicile is met. During your first meeting a solicitor will check that you are eligible to commence proceedings.
On What Grounds Can A Divorce Petition Be Started?
A divorce will be granted if the marriage has irretrievably broken down, and one of the following five reasons is established:
- Your spouse has committed adultery and you find it intolerable to continue living together.
- Your spouse has behaved in such a way that it would be unreasonable to expect you to continue living together.
- Your spouse has deserted you for a continuous period of 2 years or more.
- You and your spouse have been living separately for 2 years or more, and your spouse agrees to the divorce.
- You and your spouse have been living separately for 5 years or more, whether or not your spouse consents to the divorce.
If The Marriage Has Irretrievably Broken Down, & One Of The Five Reasons Applies, What Happens Next?
You should seek the advice of a family law solicitor who will explain more about divorce. If you decide to start divorce proceedings, your solicitor will explain that the first stage is to issue a divorce petition. It is often sensible to try to obtain your spouses consent to the petition and to try to reach agreement over the contents of the petition.
What Information Is Included In The Divorce Petition?
The divorce petition contains basic information about names and addresses of parties involved, ages of any children and a statement that the marriage has irretrievably broken down. It will also state the reason for the divorce.
The petition will contain a section that will include a request for the divorce to be granted. It may also include a request for an order relating to any children; a claim regarding the costs of the divorce; and an order for financial provision.