Divorce FAQ’S

We have only been married a short time when can I start a divorce ?

You cannot start a divorce until you have been married for at least 12 months and you must show that the marriage has broken down and cannot be saved

How do I show the marriage has broken down?

The law says you may be able to get a divorce if you can show one of the following:

1.Your partner has slept with someone else and you find it difficult to carry on living with him or her ["adultery".]

2. Your partner has behaved in a way that makes you think you can’t carry on living together ["unreasonable behaviour".]

3. You and your partner have been separated for at least 2 years before you started the divorce and your partner agrees that you should both divorce.

4. You and your partner have been separated for at least 5 years before you started the divorce, [your partner does not have to agree to the divorce]

5. Your partner has deserted you at least 2 years before you started the divorce.

Your solicitor can help you decide which of these is the best one for your case, use the search tool on the site and enquire with your nearest firm.

6.What if we can’t carry on living together, but we don’t want a divorce?

You can apply to the court for a separation, this is known as a "Judicial Separation" or you can simply decide to separate without involving the court.

7.What do I need to prove to get a legal separation?

You need to prove one of the same grounds as for divorce. You do not need to have been married for 12 months or more

8.Can we just decide to separate without involving the courts?

Yes.
But, the advantage of using the court for a legal separation is that you can then also sort out any disagreements about who is to care for the children and also disagreements about dividing the money and property. A court order will stop your partner from breaking the agreement.

If you and your partner can agree about money matters and the children you may still want your solicitor to draw up a document to show what has been agreed, this is called a "Deed of Separation". For this you will not need to involve the court, only a solicitor is required.

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