Divorce Process

On the breakdown of a marriage we will guide you through the divorce process, financial arrangements and any issues relating to your children.

The only ground for divorce in England and Wales is that “the marriage has broken down irretrievably”.  When applying for a divorce, you must “prove” this irretrievable breakdown with evidence of one of the five following facts:

• Adultery - following which you find it intolerable to live with your partner;
• Behaviour - following which you cannot reasonably be expected to live with your partner;
• Two years’ separation and your partner consents to the petition on this basis;
• Five years’ separation (no consent is needed); or
• Desertion.

The mechanics of obtaining a divorce are usually quite straightforward, particularly if you both agree that the marriage or civil partnership is over. Difficulties tend to arise resolving the practical issues such as the manner and timing of the physical separation, the arrangements for children and finances.

There is a myth that we have “no fault” divorce in England.  Unless you have been separated for at least two years, fault has to feature in a divorce petition. The only way to start divorce proceedings immediately is to base your petition on one of the two fault-based grounds, either adultery or behaviour.

Another myth is the “quickie” divorce.  Even an adultery or behaviour petition can take up to 6 months and decree absolute (the final order of divorce) is often delayed until after all financial issues have been resolved.  We will guide you through the process, timescales and costs involved. 

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"Professional yet sympathetic manner and the team always fights hard to defend your interests"

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If you require further information or advice from our team of specialist family lawyers, please contact a member of our team or call us on +44 (0)20 7814 1200.