DIVORCE

Divorce proceedings are emotionally taxing.

Our Experienced Divorce Solicitors are tailored to providing advice with all aspects of your family law matters.

When the relationship is not subsisting and the parties are not cohabiting then it reflects that the marriage has come to an end and you want to consider whether to commence divorce proceedings or in the case of same-sex couples to dissolve the civil partnership.
 

The Five Facts:

That the marriage has irretrievably broken down: s. 1 (1), Matrimonial Causes Act 1973.

i) Adultery 

ii) Unreasonable behaviour

iii) Desertion

iv) Parties would have lived apart for more than 2 years and both agree.

v) Parties would have lived apart for more than 5 years 

Feel free to contact our “Family Law Solicitors in London” and “Family law solicitors in Cardiff”. Our family law expert solicitors are assisting, advising and representing clients since 2008. 

Adultery

Your husband or wife had sexual intercourse with someone else of the opposite sex (committed adultery).

You cannot give adultery as a reason if you lived together as a couple for more than 6 months after you found out about it.

Unreasonable behaviour

Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with them.

This could include:

  • physical violence
  • verbal abuse, such as insults or threats
  • drunkenness or drug-taking
  • refusing to pay towards shared living expenses

Desertion

Your husband or wife has left you for at least 2 years before you apply for divorce.

You can still claim desertion if you have lived together for up to a total of 6 months in this period, but that will not count towards the 2 years.

You’ve been separated for at least 2 years

You can apply for a divorce if you’ve been separated for at least 2 years before applying for divorce and you both agree to it.

Your husband or wife must agree in writing.

It may be possible for you to show that you’ve been separated while living in the same home as your wife or husband as long as you’re not living together as a couple (for example you sleep and eat apart).

You’ve been separated for at least 5 years

You can apply for a divorce if you’ve been separated for at least 5 years before applying, even if your husband or wife disagrees.

Asher