Divorce, like bereavement of someone close to you, or moving house, can be one of the most traumatic experiences that you can go through. Sadly however, one in three marriages breakdown every year, causing upset to not only the parties involved, but also the children, and can have a devastating impact financially. When those involved however have decided that the marriage has irretrievably broken down and decide to separate, whether it is you who chose to end the marriage or not, you need the best legal advice available to help advise and guide you.

Whatever you are feeling however, whether it is sadness, bitterness or relief our team at Parker Bird Gardner can guide you through the best approach for you to achieve the best outcome for you, whatever the circumstances.

In order to proceed with a Divorce, the parties are required to be married for one year prior to presentation of a Divorce Petition. The ground for the Divorce is irretrievable breakdown of the marriage and to prove that has occurred, you are required to state one of five facts :-

• That one party has committed adultery and the other person finds it intolerable to live with that person.
• One of the parties has behaved in such a way and that the behaviour is so unreasonable that the other party cannot be expected to live with that person.
• You have been deserted for a period of two years.
• The parties have separated for a period of two years and the other party gives their consent.
• The parties have been living apart for a continuous period of five years.

The preparation and issuing of the Petition is the first stage in the process. The Petition will usually be issued in the local County Court. The Court will send the papers to your Husband/Wife and they will be asked to acknowledge the proceedings by sending in a reply to the Court. Defended divorces are extremely rare and in the majority of cases the proceedings are undefended.

Once the proceedings have been acknowledged it is possible to apply for the Decree Nisi. Once your Decree Nisi has been pronounced you can usually apply for the Decree Absolute six weeks and one day after the date of the Nisi. The procedure on average takes approximately 4 to 6 months.

If there are children of the marriage, the Court has to be satisfied as to the arrangements that have been made concerning their future care and well being. The proceedings cannot be concluded until this is done, and unless therefore there is a dispute between the parents as to what the arrangements should be, this will not delay the proceedings.

The financial consequences of the breakdown of the marriage can be more involved and complex and it is not unusual for the Divorce process to have been completed before financial matters have been resolved. We would ask that you refer to our section marked Property and Finance on Divorce for more information with regards to this.

Contact Allan Leyfield for information