What is the Divorce Procedure?

The legal process of divorce formally brings a marriage to an end, the procedure being dealt with inthe family Court.

Before taking steps to end your marriage, you may wish to consider a legal separation, perhaps on a trial basis. This may enable you to resolve matters and in any case is the only alternative when you are not able to initiate divorce proceedings.

Our matrimonial team can explain the options open to you and guide you through the process so that you feel supported and confident throughout this most challenging time.

When Divorce is the Only Alternative

Before any divorce proceedings can be started, the law requires that proper grounds are stated and that a number of conditions are met:

• The couple must have been married for at least one year
• The marriage have irretrievably broken
• And that at least one of five grounds (legal reasons as listed below) exist.

The Five Grounds for Divorce

• The other party has committed adultery, this having to have taken place within the last six months
• The other person has behaved in an unreasonable way, to such an extent that the other party applying for the divorce could not reasonably be expected to live with them
• The other person has deserted the person applying for a period of at least two years
• The couple have lived apart for a period of two years and both agree to an (uncontested) divorce
• Where one party will not consent to the divorce (a contested divorce) and the couple have lived apart for five years

The Matter of Money

Money can be a real cause of contention in any divorce, especially where children are in the equation, as each party must consider how they are going to live after the divorce has been agreed to.

Every divorce is different, the assets of both parties, any prenuptial agreements, the length of the marriage and the earning potential of both parties having to be taken into account.

You may wish to know more about the likely outcome of any divorce proceedings before officially starting any action. Our experienced divorce lawyers will be able to give you an idea of the outcomes should you decide to proceed, this allowing you to make the best decision based on your own unique situation.

How Long Does a Divorce Take?

More complicated cases can take a lot longer, matters like child custody potentially extending the timeframe.