Divorce is the breakdown of marriage.
This can only be proven by the ground of “irretrievable marriage breakdown”, evidenced by one of 5 facts:
- Unreasonable behaviour
- Separation with 2 years’ consent
- Separation of 5 years
The process is relatively straightforward and our lawyers will deal with all the paperwork to avoid adding pressure to our clients. An application for divorce must be presented to the court based on one of the facts above, provided the parties have been married for at least 1 year. The person who issues the petition is known as the Applicant and the other spouse is known as the Respondent. Once the application has been sent to the court, it will be approved and sealed and thereafter, sent to the Respondent. The Respondent will be given a questionnaire to confirm he or she has received the application and, on this form’s return to court, the Applicant can apply for the first order, Decree Nisi. 6 weeks and 1 day later, the Applicant/Petitioner can apply for Decree Absolute, the document marking the legal end of the marriage.
Decree Nisi is an extremely important stage in divorce proceedings as it marks the first opportunity that a court can review any financial agreement you may have made with your spouse, although, of course, negotiations can begin before the petition is even presented. For more information on financial matters and the orders a court can make, please refer to the Financial Matters section of this site.
Get in touch with someone from our team today for more information.
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Ludlow Lane Solicitors
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