Divorce and Separation

There is no requirement to deal formally with separation when a married or unmarried couple go their separate ways.  For a married couple, however, divorce is the only way to formalise the end of the marriage.

We are often approached by clients who wish to consider divorce but who have some misconceptions about the actual process.  The first requirement is to establish that the Courts in England have jurisdiction to deal with the case.  This is determined by where the parties live or, possibly, originate from.  Having satisfied that requirement, the rules then require that they must have been married for at least 12 months and that the marriage has irretrievably broken down on the basis of one of the 5 following facts:        

• Adultery
• Unreasonable behaviour
• Desertion
• 2 years’ separation (with the other party’s consent)
• 5 years’ separation (the other party’s consent not being required)

In the case of adultery, the person who has committed adultery cannot issue a Petition - the other party must do so.  It is not necessary to name the third party involved and indeed, the Courts discourage this. 

Unreasonable behaviour is recited from the Petitioner’s point of view and is a wide ranging option that can cover many problems including, for example, behaviour ranging from violence to mismanagement of finances or lack of companionship and emotional support. 

Where the parties will have been separated for some time and then they may chose to pursue either a 2 year or 5 year separation divorce, as appropriate. 

There is a Court fee (currently) £300 to pay when a Divorce Petition is issued and a further fee to pay when the final decree (Decree Absolute) is requested.

Our costs for dealing with a divorce case vary according to the amount of work required and this can be substantially reduced by the divorcing parties reaching an informal agreement between themselves, where possible, as to the grounds to be pursued and instructing their solicitors accordingly.

It is possible to seek an Order that the party who is served with the Petition (the “Respondent”) pays the costs of the divorce, or at least an agreed contribution towards those costs. 

It should not usually be necessary for either party to attend in person at Court.  Side issues such as finances and disputes regarding children can require Court attendance but the divorce itself is normally dealt with by post.  (Please see our separate guides on these aspects.)

An uncontested divorce should generally be concluded within 4-6 months, although each case varies. 

Within any divorce, it is vital to secure an Order relating to the financial aspects.  This may be by agreement or following contested proceedings but, until then, even the pronouncement of a Decree Absolute will not sever financial ties between the parties. 

Although many people will attempt to deal with divorce proceedings themselves, it is prudent to seek legal advice and Spratt Endicott offers an initial Fixed Fee Appointment to allow you to consider your options informally and confidentially with no commitment to take matters further unless and until you are ready to do so.