DEC
15

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Divorce in a Nutshell

Obtaining a divorce can be straightforward if both parties agree that the marriage is over. However, difficulties can arise in resolving how and when to separate, where to live, and the arrangements for children and finances.

What are the grounds for divorce?

The only grounds for divorce are that your marriage has irretrievably broken down and one of five 'facts' must be proved:

     1. Adultery

     2. Unreasonable behaviour

     3. Desertion for at least two years

     4. Separation for at least two years with consent

     5. Separation for over five years (consent not required)


If one of the five facts applies, what happens next?

It is often sensible to try to obtain your partner's consent to the divorce and try to reach agreement over the contents of the petition. Only a brief outline of circumstances needs to be given at this stage.


What about your children?

A form is also sent to the court with the divorce petition which will outline the arrangements for your children. The law encourages couples to try to agree those arrangements. Divorce proceedings still continue if no agreement is reached.


How long does the divorce process take?

The divorce takes approximately four-six months although the Decree Absolute is often not obtained until the finances are resolved. This may be much later. 

Click for the procedure to issue divorce proceedings.

(All information courtesy of Blake Lapthorn Tarlo Lyons)

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