Divorce & Civil Partnership Dissolution

Divorce in England and Wales is based on the irretrievable breakdown of the relationship.

However in order to prove that there has to be either a 2 year separation with consent, a 5 year separation without consent, 2 years desertion or allegations of unreasonable behaviour or adultery. Incompatibility is not acceptable on its own as a basis for divorce. The grounds for dissolution of a civil partnership are the same except for the omission of adultery.

The process takes approximately 4 – 5 months, as long as both parties cooperate, and is usually achieved without the need for court appearances.

Please note that a divorce does not deal with finance and property rights between husband and wife without a seperate financial order.

Case Study

Mrs X wished to divorce her husband on the basis of his admitted relationship with a third party. Mr X denied the adultery in the acknowledgement of the divorce petition, on the basis it only took place after separation.

We explained to Mr X that the relationship was still adulterous as it took place when he was married and reassured him that our client was not seeking costs against him. He took legal advice as we recommended, and resubmitted the acknowledgement form agreeing to the divorce and admitting the adultery. The divorce then ran smoothly to Decree Absolute with no need for a contested court appearance.