Your guide to divorce in England and Wales

Residency requirements

Either party can apply to the court in England or Wales for the marriage to be dissolved, provided one or other is domiciled here or has been habitually resident here for at least one year before the application to the court is made. It is not possible to start divorce proceedings within the first year of marriage.

Ground for divorce

Before the court will dissolve the marriage, evidence has to be given proving the ground for divorce.

There is only one ground for divorce: that the marriage has irretrievably broken down.

The evidence is set out in the petition: the spouse who files the petition is called the petitioner, the other is called the respondent.

Evidence of the irretrievable breakdown has to be given by proving one of five facts:

Facts for divorce

Adultery- that the respondent has committed adultery, and the petitioner finds it intolerable to live with the respondent; Unreasonable behaviour - that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent; Desertion - that the respondent has deserted the petitioner for a period of two years; Two years' separation - that the parties have lived apart for two years and the respondent consents to a divorce; Five years' separation - that the parties have lived apart for five years.

Other matters which affect the facts

If a couple live together for more than six months after either the last act of unreasonable behaviour or the discovery of the last act of adultery, then that evidence cannot be used for divorce proceedings. Similarly, a period of separation would be discounted if the couple live together again for a period of six months.

How long will it take?

The length of time it takes to get a divorce, from beginning to end, varies from court to court and in each case. It is impossible to predict exactly how long it will take, because during the proceedings problems may arise which cause delay. At best, it will take from four to six months. The time it takes, and the stress involved in the process, can be greatly reduced by keeping on top of dates and going to the court yourself to lodge documents.

If you decide to use a Solicitor make sure they have applied for the various stages when they arise.

Financial and child-related matters have separate timescales of their own.

Stages in divorce

The divorce has two main stages. The first, The Decree nisi , is granted by the Court if it is satisfied that the grounds for divorce have been established. The divorce is not final until the Decree absolute ; care should be taken not to apply for the decree absolute until pensions and life assurance have been considered It is always possible to stop divorce proceedings, or to have the decree nisi rescinded. Only the decree absolute is irrevocable.