Divorce Made Simple

Or not as the case may be

What is the difference between the McCartneys divorce and any other divorce.  Apart from the amount of money at stake nothing!  The process of a divorce in England and Wales is the same whether your name is McCartney or Smith or Jones.

Every divorce starts with the issue of a Divorce Petition and ends with a Decree Absolute.

To get a divorce you have to have been married for at least 1 year and show that there has been an irretrievable breakdown in the relationship.

What constitutes an irretrievable breakdown.  The answer is that there are 5 grounds upon which an irretrievable breakdown in a relationship can be proved.  These are, adultery, unreasonable behaviour, two years separation (subject to the other party consenting), desertion of two years, and finally separation of five years for which the consent of the other party is not required.

The irretrievable breakdown of a relationship is not a sufficient reason alone to present a Divorce Petition to the Courts.  If a quick divorce is sought then it must proceed on the grounds of either adultery or unreasonable behaviour.

As for adultery, that must be adultery by the other party and not yourself.  The adultery must comprise a physical sexual relationship.  It is no longer necessary to name or identify the other party involved in an adulterous relationship.

Unreasonable behaviour manifest’s itself in a variety of ways but common issues are; financial control, failure of social life, domestic violence, lack of help around the home or the care of children etc.

If neither adultery nor unreasonable behaviour are available a Divorce Petition can be issued on any of the other 3 grounds such as two years separation.

It can take about 4 months from the date of issue a Divorce Petition to a Decree Absolute but this depends on whether there are other issues to deal with and how they are.  The ‘divorce’ process does not require either party to attend Court unless the Petitioner is seeking costs against the other, which is opposed.

Divorce can and often is a painful experience for both parties and in particular the children of the relationship.  In any divorce where children are involved the Courts primary consideration is for the welfare of the children. 

A divorce is not ‘final’ until a Decree Absolute is issued by the Court.  This can be delayed until the finances are sorted out.

Sandersons Solicitors operate a Family Case Management system to provide a seamless service from the issue of a Divorce Petition to the obtaining of the Decree Absolute.  A Divorce Petition can be presented on the day of the first appointment and if required by the Petitioner issued the same day.  Thereafter communications can take place by way of email, thereby avoiding much inconvenience to the Petitioner in attending solicitor’s office as possible, and reducing costs. 

Sandersons Solicitors offer’s a comprehensive package of support following a matrimonial breakdown by providing guidance as to those issues which inevitably follow divorce proceedings, finances, pension advice, children matters, jurisdiction issues etc.  The family team of Sandersons comprises of 11 Solicitors and support staff with a wealth of knowledge available for those in need. 

David Roberts is the Head of the Family Department of Sandersons and he can be contacted on:

Tel:       01482 324662

Fax:      01482 223110

e-mail:  enquiries@sandersonssolicitors.co.uk

 Source: Yorkshire Today, December 2007