Manchester Solicitors

What grounds are there for divorce?

There is just one ground for divorce – irretrievable breakdown of marriage, but there are 5 facts which can be used to demonstrate irretrievable breakdown, which are :-

• Adultery
• Unreasonable behaviour
• Separated for two years and both parties consent to divorce
• Separated for five years without consent
• Desertion for at least two years

How long do I have to wait before the Decree Nisi can be made absolute?

There must be a delay of six weeks and a day after decree nisi is granted before applying for decree absolute.

If I have been separated for 2 years am I automatically entitled to a divorce?

Both parties consent is required on this basis, so it is important to check whether your spouse will consent or you will have to restart the process from the beginning after having the petition dismissed.

What if the respondent does not return the acknowledgement of service form?

If this happens, it will be necessary for a process server or court bailiff to personally serve the divorce documents on the respondent to prove valid service

I am the Respondent – what happens if the petitioner does not apply for the Decree Absolute ?

Providing 4½ months have passed since decree nisi the Respondent can apply for permission to apply for the decree absolute.

What is the difference between judicial separation and divorce?

In judicial separation the parties remain married and only apply for one decree. For judicial separation there is no need to have been married for 12 months as with divorce, but the petitioner must still prove one of the five factors.

What if I cannot find the original marriage certificate?

You can contact the relevant Registry Office.  They can provide the original marriage certificate for a fee.

What if the marriage certificate is in a foreign language?

In this case the marriage certificate needs to be translated into English by a qualified translator who would need to prepare a sworn statement confirming it is a true translation, and it then needs to be lodged with the original marriage certificate at Court.

What if I live in England and Wales and my spouse resides abroad. Is this a problem?

No, provided one of you is either domiciled or habitually resident (for a year) in England and Wales, you can proceed with your divorce.

Do I have to agree all financial matters before I start divorce proceedings?

No, but it is a good idea to resolve or include financial issues as part of the divorce failing which such issues are likely to arise in one way or another in the future.

Do I have to agree all arrangements for the children before divorce proceedings?

With children, the divorce cannot be finalised unless and until the court is satisfied that the arrangements for the children are satisfactory.

Can I still start divorce proceedings on the grounds of adultery, unreasonable behaviour, two-year separation or five-year separation, even if we continue living together?

Yes, provided that, prior to the date that your divorce petition is presented you are not living as man and wife ie separate bedrooms and not sharing any domestic tasks.

How are children related issues dealt with ?

At the time of submission of the petition for divorce or judicial separation to the court, the petitioner must include a statement of arrangements form for children. The form should be sent to the partner with a view to trying to agree it before it is filed at court. If the judge is not satisfied he or she can arrange a children’s appointment where the party that cares for the children will have to be present at court to explain to the judge the arrangements that have been made for the children.