Divorce

To obtain a divorce you must have been married for at least one year and comply with strict rules of residence within England and Wales.

You must show that the marriage has irretrievably broken down on the basis of one of the following:

• adultery

• unreasonable behaviour

• desertion

• two years separation with the other partys' consent

• five years separation without consent.

The divorce is commenced by a petition, which contains basic information about the names of the couple, their addresses, the ages of any children and a statement that the marriage has irretrievably broken down. It will also state the "fact" on which it is intended to rely. The petition may include a claim for various forms of financial provision.

Proceedings are commenced by 'lodging' the petition (and where there are relevant children, a statement of arrangements for the children) with the court, together with the marriage certificate and the court fee (unless you are exempt from paying this fee). The court will send the documentation to your spouse. Your spouse should then respond with an acknowledgement of service. Defended divorces are rare, and presuming that the case proceeds on an undefended basis the next step will be to make an application for decree nisi. This is the "almost there stage" of divorce.

Six weeks after decree nisi it is possible to apply for decree absolute. This is when the divorce is finalised. As long as the court does not require any further information, and your spouse does not resist any of the orders you seek, it will probably not be necessary to attend court for the divorce.