In order to secure a divorce the Petitioner (person seeking to divorce) must satisfy the court:-
- That the marriage has irretrievably broken down and
- That one of the five supporting grounds has been established:-
(a) Unreasonable behaviour
(c) Desertion – having been abandoned by your spouse for two or more years
(d) Two years separation – providing that both parties agree
(e) Five years separation
Unreasonable behaviour is any conduct which render it unreasonable to expect one spouse to continue living with the other. Allegations are often of an individually modest nature but which if taken cumulatively are sufficient to found a petition for divorce. Adultery is voluntary sexual intercourse between one spouse and a third party during marriage – during the last six months that the parties were living together or any point post separation.
The decision as to whether to bring or defend proceedings for divorce requires careful balancing of legal, financial and emotional considerations. We are happy to advise those who are simply considering divorce as an option and if instructed to petition for divorce our aim always is to secure a divorce causing minimum distress to the parties as practicable.
A straight forward undefended divorce will take approximately four months to process and we are able to act on the basis of a fixed fee.