The divorce process for marriages and the dissolution process for civil partnerships is usually broken down into two parts:
- The legal termination of the marriage or civil partnership (the divorce/dissolution process)
- The distribution of the parties’ assets (‘financial remedy or simply ‘finances’).
In England and Wales there is only one ground for divorce and that is that the marriage or civil partnership has broken down irretrievably. This can be proven by one or more of the following facts:
- Behaviour also known as ‘unreasonable behaviour’, this can be used where your spouse has acted in such a way that you cannot be reasonably expected to continue living with them.
- Desertion is when your spouse has deserted you for a continuous period of two years or more;
- Two years separation where you and your spouse have been living separately for a period of two years or more
- Five years separation where you and your spouse have been living separately for a period of five years or more
If your spouse cooperates with the divorce, then the procedure will take between 4-6 months to complete. The court fee for issuing a divorce or dissolution petition is £593.00 and we are able to work on a fixed fee basis for our legal costs provided this is appropriate in your circumstances.