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Stafford Office:
Tel. +44 (0)1785 211411
Click here to email us
Rugeley Office:
Tel. +44 (0)1889 583871
Click here to email us
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A SIMPLE GUIDE TO DIVORCE AND JUDICIAL SEPARATION Divorce and judicial separation are currently governed by the Matrimonial Causes Act 1973. In addition to having grounds for divorce, to be able to obtain a decree of divorce or judicial separation one or both spouses must have been habitually resident in England and Wales for one year or more. The Petitioner must prove to the Court that the marriage has broken down irretrievably by proving one of the following facts: Adultery; Unreasonable behaviour; Desertion (after two years) Two years separation with consent of both parties; Five years separation without consent. Evidence of adultery or unreasonable behaviour cannot be used if the spouses have continued to live together for more than six months after becoming aware of it. In the region of 70% of divorces are on the grounds of adultery or unreasonable behaviour. The process has two stages. Decree Nisi is the first and is granted when the grounds of divorce have been established and Decree Absolute is the second and final decree. If you change your mind the process can be stopped at any point up to Decree Absolute. However, Judicial Separation is an alternative to divorce which is often used by those who have religious or social reasons not to divorce. Unless you have a decree of divorce you cannot re-marry. Divorce proceedings usually take between four and six months to conclude. However, it is often the case that the Petitioner (i.e. the one who has issued the Petition) is advised not to apply for Decree Absolute until there has been agreement in relation to the finances. For further information please contact Shani Carr at our Rugeley office on 01889 583871 or Julie Wain at our Stafford office on 01785 211411. 30 November 2009 Disclaimer The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances. |
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Offices at : 17 Martin Street, Stafford, ST16 2LF and 3 Albion Street, Rugeley, WS15 2BY VAT no. 278 62 38 18
Hand Morgan & Owen is authorised and regulated by The Solicitors' Regulation Authority (50587).
You can access the Authority's rules from their website at www.sra.org.uk/code-of-conduct.page
Hand Morgan & Owen is authorised and regulated by The Solicitors' Regulation Authority (50587).
You can access the Authority's rules from their website at www.sra.org.uk/code-of-conduct.page