Divorce Solicitors and Lawyers at Pannone LLP

Pannone has Divorce Solicitors in Manchester City Centre, in Alderley Edge and in Hale, Cheshire. For an immediate consultation with a Divorce Solicitor please call us on 0844 980 1428 now.

Divorce - A Practical Guide

A. Grounds for Divorce

To obtain a divorce in the UK, it is necessary to prove that the marriage has irretrievably broken down. Irretrievable breakdown can be established by proving one of the five grounds for divorce as follows:

• Your husband or wife has committed adultery and you find it intolerable to live with them
• Your husband or wife has behaved in such a manner that you cannot be reasonably expected to live with them
• You have lived apart for two years and you both agree to there being a divorce
• Your husband or wife has deserted you for a period of two years or more
• You have lived apart for five years or more - a divorce can be secured whether your husband or wife agrees to there being a divorce or not.

Accordingly, unless you and your spouse have lived apart for two years or more, to secure a divorce in England, it is necessary to show some form of fault, ie, either adultery or unreasonable behaviour. Phrases such as "irreconcilable differences" and "mental cruelty" have no place in English law - they are American legal ideas.

To see how these grounds apply to you, please see our practical guide - The grounds for Divorce Explained.

B. Divorce Procedure

For most people the divorce procedure is very straightforward. Usually no attendance is required at court by you, your spouse or by your divorce solicitor. The entire divorce process takes approximately four to six months to go from beginning to end, although in most divorces the process can take nearer to 12 months taking into account the time it often takes to resolve financial aspects of the divorce.

Nearly all of the steps in the divorce are dealt with by the person who starts the divorce process (the Petitioner). The other person (the Respondent) takes very few steps.

The procedure is as follows:

• Divorce Petition - this document is lodged with the court to start the court process. The original marriage certificate also needs to be filed with the court. Where there are children, a document called a statement of arrangements for children must also be filled in and filed with the court.
  
• Acknowledgement of Service - the Respondent will be served with the petition and the other documents. The Respondent then needs to complete a short form called the acknowledgement of service in which they confirm that they have received the petition.
  
• Decree Nisi - once the Respondent has filled in the acknowledgment of service and returned it to court, the Petitioner can then apply for decree nisi of divorce. It will be necessary for the Petitioner to swear a short affidavit confirming the contents of the petition under oath. That affidavit accompanies the application to the court for decree nisi.
  
  Decree nisi is pronounced in open court, although it is not necessary for anybody to attend that hearing.
  
• Decree Absolute - the decree absolute is the final decree of divorce and can be applied for by the Petitioner a minimum of six weeks and one day after the pronouncement of decree nisi. If a financial settlement on divorce has not been agreed, the application for decree absolute may be delayed until that financial settlement has been agreed.

For a consultation with a Family Law Solicitor or a Divorce Lawyer call 0844 980 1428 or send us an email.