We focus on our clients needs, offering sensible, pragmatic and cost effective advice which works for the long term future of all concerned.
We recognise that separation and divorce can be an extremely stressful time.
Two examples of the questions that people may ask are:
1. I have been the perfect partner throughout our marriage. My spouse has behaved terribly and I believe may have even committed adultery. Yet, they say they are going to divorce me. Can they do this?
There is only one ground to obtain a divorce in England and Wales and that is that the marriage has “irretrievably broken down”. To prove this to the Court your spouse must show one of five facts. It is most likely that they petition using “unreasonable behaviour” i.e. behaviour which makes it unreasonable for your spouse to be expected to live with you. The allegations of behaviour do not have to be horrendous. In fact many people are surprised by how weak the allegations of behaviour can be in order to obtain a divorce. Therefore it is quite possible that your spouse could successfully petition for divorce against you. If you did not wish this to occur then you could consider petitioning for a divorce before your spouse issues their Petition.
2. All the celebrities seem to get a “quickie divorce”. I’m not a celebrity but want one too. How do I get one and how long will it take?
There is no such thing as a “quickie divorce”. The process for all parties – celebrity or not - is the same. Normally when the media talk about the “quickie divorce” they are referring to the Decree Nisi, which is read out in open court, as this is often the only part of the divorce the press can obtain information about. Whilst the pronouncement of the Decree Nisi may only take seconds, the divorce process will have started months before. All parties will then have to wait at least 6 weeks before the Decree Absolute is granted, save in exceptional circumstances. (An exceptional circumstance does not include one party being a celebrity and simply wishing to divorce more quickly!) Generally a divorce will take about 6 months but if both parties co-operate and the documents are completed accurately and sent to court promptly this can prevent delay.
Other frequently asked questions can be found in our FAQs section on the left hand side of this page.
If you would like to speak to a lawyer about any of these issues, please call Sandra Hickson on 0121 355 0011.