Divorce and Judicial Separation proceedings
This is the name for the process designed to end your marriage. One of the first questions you will be asked by us is if this is a step you really wish to take.
Alternatives can include:-
1. Exploring ways to try and resolve the difficulties in your marriage to avoid a final breakdown, such as a referral to Relate.
2. Considering a separation. We can assist you in agreeing arrangements for living apart from your spouse, particularly if there is no immediate basis for a divorce. This can be the most amicable way of resolving matters and a document can be drawn up setting out the terms of agreement. This is not a process that involves the Court, but to be effective, both parties should be independently advised by a solicitor.
3. Judicial separation – This is not a divorce, but involves the Court in the same way a Divorce Petition does. It is usually used where there are personal or religious views against ending a marriage in the way a divorce does. Please note you still have to rely on the same facts as you do for a divorce and we would refer you to the note below on this point.
A client who wants a divorce is usually of the view that the marriage has irretrievably broken down. Whilst this is the sole ground for a divorce, please bear in mind you cannot simply rely on that ground alone and have to prove one of five facts in support before you can proceed with a divorce.
The five facts are:-
i. Adultery by your spouse.
ii. Unreasonable behaviour by your spouse.
iii. Desertion – where your spouse has left you for a period of two years.
iv. Two years separation where your spouse consents to a divorce.
v. You have lived apart from your spouse for a period of five years or more (their consent is not required).
Please note the only immediate basis for a divorce is “fault based” i.e. behaviour or adultery. Where appropriate, we would try and agree the terms of such a divorce with your spouse or their solicitor in accordance with the code of conduct known as the Family Law Protocol. This is designed to try and keep conflict between you and your spouse to a minimum.