It is not possible to start divorce proceedings unless you have been married, or in a Civil Partnership, for at least one year. You must also prove to the court that the marriage or partnership has 'irretrievably broken down' and that one, or both of you, feel that you cannot stay together.
You must complete a Petition stating why your marriage or partnership is definitely over and therefore the reason you are applying to the court for a divorce or dissolution. If you have children, an additional form called the 'Statement of Arrangements' must also be completed. This informs the court of the plans you have made for the children once the divorce is final.
There are five acceptable reasons in law that married couples can use for grounds of divorce or dissolution. You must satisfy the court that one or more of the following are true as proof that your marriage is over:
Adultery (This can only be used to end a marriage, not a Civil Partnership)
This means that your husband or wife has had full sexual intercourse with a person of the opposite sex. However, if you continue to live together for more than six months after you became aware of this, you may not be able to use this fact, as you must also prove to the court that you find it impossible to continue living together.
Unreasonable behaviour
Provided you find the behaviour so intolerable that you cannot continue to live together any longer, this can cover all types of behaviour. Examples of which include: persistent violence; insults; coldness; disgusting personal hygiene; inadequate sex; and further behaviours. In the case of a Civil Partnership dissolution, unreasonable behaviour can be claimed if a partner has been unfaithful.
Desertion for a period of at least two years
This means that your partner has left you without your wish and without a good reason and you have since been living apart for at least two years.
Two years' separation, if you both agree to the divorce
This is often referred to as a 'no-fault' divorce. Providing you have been separated for at least two years, if both partners agree, one person can petition for a divorce (you cannot ask the court for a divorce together). During the separation, you can have had up to six months trying to live together again, however you must have been apart for at least two years altogether.
Five years' separation, if there is no agreement to the divorce
If your partner will not agree to a divorce and none of the above facts are applicable, you may have to wait until you have been separated for five years before you can petition for a divorce. Your partner could still ask the court not to grant the final because major financial hardship, however, this rarely occurs.
The Divorce Process
The divorce process starts as soon as you return the completed petition to the divorce county court. You are legally referred to as 'the petitioner' and your partner who you are divorcing is legally referred to as 'the respondent'.
You will be required to supply copies of your marriage certificate and details of any children involved. If your partner has committed adultery and you wish to name the person with whom they have been unfaithful, their name and address must also be provided. They are then referred to as 'the co-respondent'.
A copy of the petition, is posted to your partner and any co-respondents named in the divorce petition, this is referred to as 'serving the petition'. Your partner has 8 days to acknowledge receipt of the petition. If they do not respond, the Court will ask you for further details and, if necessary, arrange for a court official to serve the petition in person.
Depending on whether or not your partner agrees to the divorce, you may be asked to provide more information to the court before the divorce is granted. If you have children, the statement of arrangements will be examined to ensure that provision has been made for the children, for example where they will live and what contact they will have with the non-resident parent.
If you need advice about a matrimonial matter,
contact Legal Advice Helpline.