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Divorce and Separation

We give you guidance and advice on the procedure for divorce for undefended, defended and nullity petitions.

There is only one ground for divorce and that is of irretrievable breakdown of marriage. When issuing a petition for divorce, it is necessary to establish irretrievable breakdown by reference to one of five facts, which are as follows:-

  1. The Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent.
  2. The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent.
  3. The Respondent has deserted the Petitioner for a continuous period of at least two years immediately preceding the presentation of the Petition.
  4. The Petitioner and the Respondent have lived apart for a continuous period of, at least, 2 years immediately preceding the presentation of the Petition and the Respondent consents to a Decree being granted.
  5. The Petitioner and the Respondent have lived apart for a continuous period of at least 5 years immediately preceding the presentation of the Petition.

Please see our Divorce Procedure Guide for further information.

For further information please contact Paul Wild on 0118 958 9711.