Divorce

• Obtaining a divorce: The Law
• The Division of Property on Divorce
• Payment of Maintenance on Divorce
• Divorce Petition Service
• Defences to a petition for divorce
• Applications to freeze Matrimonial Assets
• Registering a Notice of Home Rights Against Property
• Severing a joint tenancy
• Maintenance pending suit

Divorce law

When a marriage is at an end, the ‘empty shell’ may be legally disposed of by presenting a divorce petition to any County Court with a Family Law Section . Providing the Petition remains undefended the procedure is very straightforward and should not cause any difficulties,. It is largely a form filling exercise which at most will only call for a little guidance to enable you to obtain your divorce.

In order to obtain a Divorce you must satisfy the court that the marriage has irretrievably broken down. This is done by establishing one of what are often known as the 'five facts'

The first of the five facts is adultery. The petitioner must show that the respondent has committed adultery and that the Petitioner finds it intolerable to live with the Respondent’ Therefore you must show not only adultery but also allege that you find it intolerable to live with the respondent. It is not however a requirement that the intolerability is a consequence of the adultery.

The second and most common fact is unreasonable behaviour. The petitioner must show ' that the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent '.
This is different from the question of whether the Respondent has behaved unreasonably. The question for the Court is whether the Respondent has behaved in such a way that this Petitioner could not reasonably be expected to live with this Respondent. A subjective test.

The third ‘fact’ is desertion which is rarely applicable.
The fourth is 2 years separation where both parties agree to a divorce and the final and fifth ground is 5 years separation where consent is not required.

There are some special rules which apply to divorce petitions;.
• A petition for divorce (but not judicial separation) cannot be filed during the first 12 months of a marriage.
• The reconciliation provisions. These apply to the behaviour fact and in a slightly different form to adultery petitions: If a petition is not issued within 6 months of a fact relied upon this fact may be disregarded,

The requirement to petition for divorce is to file at court
•A combined Divorce Petition and Prayer for ancillary claims;.
•If there are children of the family under 16 [or over if still in full time education], a statement showing the intended arrangements for the children.
•The original marriage certificate (not a photocopy) or a certified copy.
•The Court fee. At present this is £180. However fee exemptions or remissions are available for those on low incomes or State Benefits.

These documents will be checked by the Court staff, and a copy of the Divorce Petition and Statement of Arrangements for Children sent to the Respondent with a form prepared by the Court for the Respondent to acknowledge service of the Petition. The Respondent must return this form to the Court within 7 days, saying whether he or she accepts that the marriage has irretrievably broken down and agree to a divorce, and whether they agree with the proposed arrangements for the children.

If the acknowledgment of service is returned indicating an intention not to defend the divorce, the Court will send a copy to the Petitioner, who must then swear an affidavit [sworn statement] to confirm that what is said in the divorce petition is true. This takes the place of a formal attendance before a judge at the Court. The affidavit may be sworn at any Court office free of charge, or before a solicitor or commissioner for oaths, when a charge will be made.
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Once the affidavit has been sworn, the divorce is entered on the ‘special procedure’ list for pronouncement of decree nisi. There is no easy going back once this has been done. So long as the Court is happy with the children arrangements, there will be no need to attend Court.
The parties will not be finally divorced at this stage, as the decree must be made absolute. This can be applied for on further application [and payment of a further Court fee of £30] after 6 weeks following the making of the decree nisi.

On pronouncement of decree absolute, the marriage is dissolved and the parties will be free to remarry if they so wish. The pronouncement of the decree absolute has an important effect on any Will made by the parties, and consideration should always be given to making a new Will. Also it is essential that any applications to the Court on ancillary financial matters are made before decree absolute.

Divorce Petition Service

Divorce may never be painless but it can be made less so by knowing that everything is running smoothly under the supervision of a qualified and experienced divorce lawyer who is never more than an email or telephone call away.

Our personal divorce service costs no more than the automated divorce petition completion available elsewhere and is designed to ensure that not only is your decree absolute of divorce pronounced as soon as possible but also that you have the confidence of knowing that there is a real lawyer there looking after your interests.


The cost is £125. For this one of our family lawyers will complete your divorce petition and any statement of arrangements for children. A draft will be sent to you for approval and a telephone conference arranged to discuss matters and answer any questions you may have. Once finalised the divorce papers will be sent to you for signature and issue at court. Your designated lawyer will remain available as needed and to prepare and send to you all other applications necessary to have decree absolute pronounced.
Included in the price is additional advice as required on the ancillary matters of children and property maintenance.

This is how it works:

• Click the button below and complete the online questionnaire to provide the basic information which your lawyer will require.
• Make payment through our secure server or by PayPal
• Your designated lawyer will confirm instructions and prepare a draft of the divorce papers which will be emailed to you for approval.
• A telephone conference will be arranged to discuss the divorce and to advise and answer any questions.
• Once finalised the divorce papers will be sent to you for signature and issue at court.
• Your lawyer will remain available as required to deal with any matters arising and to send you the necessary applications for pronouncement of a decree as matters proceed.

Defences to a petition for divorce

It will sometimes be the case that the Respondent to a Divorce Petition issued by a spouse will wish to defend the petition and not agree to a divorce being granted. It is possible to defend a Divorce Action on a number of grounds. These include a defence on the basis that the marriage has not irretrievably broken down, that the facts alleged are not true, and that in the case of a petition based upon 5 years separation that hardship would result.

This package contains examples of answers than can be given to a divorce petition when it is intended to defend.

The price is £14.99

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