Getting the right advice
Divorce or civil partnership dissolution proceedings can be a very difficult time. Trying to assess the impact on your children, your life, pensions, finance and property can seem overwhelming. Glazer Delmar Family & Relationships team apply our recognised expertise with compassion and understanding.
We deal with all aspects of family law and at all times we try to be approachable and down to earth.
We are members of Resolution, a specialist organisation of family lawyers dedicated to providing a professional and solution focused approach in a non-confrontational manner wherever possible.
For a fixed fee, initial consultation please contact us.
Divorce or civil partnership dissolution proceedings can only start if the couple have been married for at least a year.
Most proceedings are undefended, allowing them to proceed without the parties having to attend court at any point. Only if one partner does not consent is it considered defended, and the couple will have to attend court. this is thankfully fairly rare.
Grounds for divorce
It must be proven to the court that the marriage has irretrievably broken down. To do this, you must prove one or more of the following five facts:
- The person applying for the divorce must confirm to the court that they can no longer tolerate living with their spouse.
- Unreasonable behaviour. The person applying for the divorce must confirm to the court that they cannot be expected to go on living with their spouse due to their behaviour.
- The person applying for the divorce must show that their spouse left them and they do not know where they are at least 2 years before any divorce proceedings are started.
- Separation from a spouse for at least 2 years and their spouse consents to the divorce.
- Separation for at least 5 years. The spouse’s consent to the divorce is not needed.
In civil partnership proceedings the same applies as above except adultery cannot be cited as a fact in the relationship breakdown.
Straight forward uncontested proceedings can usually be obtained within 6-8 months, provided neither party delays matters although it may take longer if there are other issues to resolve such as reaching a financial agreement.
Please contact us if you would like more information about divorce.