Family Law
Family Law experts offering divorce, mediation & separation advice
The Family Law Team at Mayo Wynne Baxter provides sympathetic and practical advice on divorce and separation. This section of our website has been designed by our experience divorce solicitors to provide you with clear advice on divorce and separation issue.
Divorce
There is only one ground for Divorce: - that the "marriage has broken down irretrievably". One of five facts is used to prove this breakdown:
Adultery by your spouse Your spouse’s behaviour* is such that you cannot reasonably be expected to live with them Desertion (This is extremely rare, and hard to prove) Two years separation with the consent of your spouse Five years separation without the consent of your spouse
* Note, behaviour can be anything from constant belittling over a long period of time to extreme violence.
When can you apply for divorce?
You cannot apply for a divorce until the marriage has been in existence for a year and you or your spouse must have been resident in England or Wales for six months if you or one of you reside in a European Union Country. (Different rules apply if you were born in England or Wales but live abroad and outside of the EU.)
Caution; if you continue to live with your spouse for six months or more after knowing of adultery or an isolated incident of “behaviour” you are assumed to have accepted that “behaviour” and cannot use it as the basis of a future Petition.
How long will it take?
A divorce without resolving finances can take three to six months. However, usually parties are advised not to apply for Decree Absolute until financial issues are completed.
What is the process?
A Petition is drafted and issued at Court (accompanied by a Statement of Arrangements for Children where appropriate). The Court sends the Petition and the Statement of Arrangements for Children together with an acknowledgement form to the other spouse who is called the Respondent.
Once the Respondent has acknowledged service of the petition, the Petitioner must apply for Decree Nisi (a half way point) by filing an affidavit, in a prescribed form, supporting the petition at Court. The Court then sets a day for the pronouncement of Decree Nisi.
The Petitioner can apply for Decree Absolute six weeks and one day after Decree Nisi. This is usually delayed until financial arrangements are agreed. It is only on Decree Absolute that the marriage is dissolved.
For more advice on divorce or separation contact a member of the Family Law Team on:
Brighton Tel: 01273 775533
Email: brighton@mayowynnebaxter.co.uk
Eastbourne Tel: 01323 730543
Email: eastbourne@mayowynnebaxter.co.uk
Lewes Tel: 01273 477071
Email: lewes@mayowynnebaxter.co.uk
Tunbridge Wells Tel: 01892 526442
Email: tunbridgewells@mayowynnebaxter.co.uk
Hailsham Tel: 01323 840616
Email: hailsham@mayowynnebaxter.co.uk
Seaford Tel: 01323 891412
Email: seaford@mayowynnebaxter.co.uk
Lingfield Tel: 01342 833690
Email: lingfield@mayowynnebaxter.co.uk
