Family

Divorce

At Greenfields, we understand how distressing and difficult a Divorce can be. We will deal with your case with sensitivity, confidentiality and understanding.

What happens in a divorce? 

 In order to get divorced, either the husband or wife must make an application to the Court for a Divorce. For a Divorce to be granted, the Court must be satisfied that the marriage has broken down in one of five ways, which are:-

  • Adultery

    •

  • Unreasonable behaviour

  • Separation for 5 years.

  • Separation for 2 years and both parties’ consent

  • Desertion for a period of 2 years. 

Where both parties agreed to divorce, this is called an undefended divorce. A straightforward undefended divorce should proceed as follows: -

  • Relationship breakdown 

  • See a Solicitor for some preliminary advice 

  • Inform your spouse of your wish to divorce 

  • Issue Divorce Petition 

  • The Respondent receives the Petition from the Court 

  • The Respondent has 7 days to Acknowledge that they have received the Petition and to consent to the divorce 

  • Court sends the Acknowledgement back to the Petitioner 

  • The Petitioner applies to the Court for Directions for Trial 

  • The Court will consider the divorce papers and, if satisfied all is in order, will issue an entitlement to a decree 

  • Court pronounces Decree Nisi 

  • 6 weeks and 1 day later the Petitioner may apply for Decree Nisi to be made Decree Absolute 

  • Court sends the Decree Absolute 

  • The Divorce is complete 

If the divorce is defended, there is an entirely different procedure applies within defended proceedings. This procedure is much more lengthy and costly and in the event of proceedings becoming defended, you should obtain very careful advice about this.
 

 

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