Family and Matrimonial Law
The breakdown of a relationship can be a difficult and emotional time. We can take the pressure away from you by assisting with your Divorce.
There is only one ground for divorce: an 'irretrievable breakdown of the marriage'. This can be established by proving:
- Unreasonable behaviour
- Separation for two years (and both parties agree to the divorce)
- Living apart for five years
- Desertion for at least two years – desertion takes place when one partner leaves the other without their knowledge or agreement.
There are seven stages to the divorce process:
- A divorce petition must be filed with the Court by you or your partner. Whoever does this is known as the Petitioner, with the other party referred to as the Respondent
- The Court sends the divorce documents to the Respondent
- The Respondent files an Acknowledgement of Service – this includes answering questions such as 'do you intend to defend the case?' and 'do you agree with the ground for jurisdiction?'
- The Petitioner applies for a Decree Nisi - an order by the Court stating the date on which a marriage can end, unless a good reason not to grant the divorce is produced
- The Court issues a Certificate of Entitlement confirming the date on which the Decree Nisi will be pronounced
- The Court grants the Decree Nisi and sends a copy to both the Petitioner and the Respondent
- The Petitioner applies for a Decree Absolute not earlier than six weeks and one day has passed from the Decree Nisi being granted. The Decree Absolute is the final order from the Court that officially ends the marriage, allowing each party to remarry. The Petitioner can delay applying for a Decree Absolute, for example if financial arrangements have not yet been finalised.
We can assist you with your divorce. Each case is handled compassionately as we understand that this may be a very distressing time in your life.