DIVORCE

Generally speaking, you can apply to the Court for a Divorce providing that you have been married for at least a year, and that you can satisfy the Court that the marriage has irretrievably broken down.

'Irretrievable breakdown' can only be established on the basis of at least one of the following 'facts';

a)Your husband or wife has committed adultery and you find it intolerable to live with him or her.

b) Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with him or her.

c) Your husband or wife has deserted you for a period of more than two years.

d) You have lived separately for more than two years and your husband or wife consents to the divorce.

e) You have lived separately for more than five years. Your husband or wife does not need to agree to this.


In practice, almost anyone who is determined to proceed with Divorce can find adequate 'grounds', largely because the behaviour category (see b above) is extremely easy to satisfy.

The detailed rules applying to Divorce are obviously quite complex, but the vast majority of cases proceed without difficulty, and are undefended. It is extremely rare for either party to have to attend Court in Divorce proceedings (unless there are disputes about financial issues or children).

Fees are payable to the Court at the beginning of the action, and at the end when Decree Absolute is applied for (currently £300 and £40 respectively). People on certain state benefits may be exempt from these fees.

My own charges relating to a straightforward Divorce vary from case to case, but are normally in the region of £500. Ask me for further details (or see my 'Standard terms and conditions' on the left of this page). It is sometimes possible to claim these costs back from your spouse.