Divorce

We can advise and assist you in divorce proceedings.

The divorce begins by sending a divorce petition and other documents together with the court fee to a court.

You may be able to claim an exemption from the court fees, depending upon your income and assets.

Grounds for divorce

A petition must be based upon an “irretrievable breakdown” of a marriage.

To satisfy the court that there has been an “irretrievable breakdown” the petition must be drafted to prove one of the following five facts:

(a) The respondent has committed adultery and the petitioner finds it intolerable to live with the respondent.

(b) The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.

(c) The respondent has deserted the petitioner for a continuous period of at least two years immediately before the start of the divorce.

(d) You have lived apart for a continuous period of at least two years immediately before the start of the divorce and the respondent consents to a decree being granted.

(e) You have lived apart for a continuous period of at least five years immediately before the start of the divorce.

Adultery

“Adultery” is an act of sexual intercourse with a person of the opposite sex. For an act of adultery to be relied upon it must have taken place no more than six months before separation or at any time after separation. 

Behaviour

“Unreasonable behaviour” is where the respondent has behaved in such a way that the petitioner cannot reasonably be expected to continue to live with him or her. The test is subjective and the Court will consider what is unreasonable to the petitioner.

Financial claims

The petition ends with a section which begins ‘the petitioner therefore prays’. This should include requests for financial claims for:

· Maintenance for yourself, which would be necessary if you have young children and it is difficult for you to work full-time;

· A lump sum, for instance to compensate you if you have to give up your interest in your former family house;

· Adjustment of property ownership or a ‘transfer of property’ order, for instance transferring the former family house into your name; and

· A share or claim on the respondent’s pension fund by way of a pension sharing order or pension attachment order.

If you and your husband or wife have any assets such as a family house or  a pension, or you want to claim for maintenance you will need to instruct a solicitor. Solicitors Web site

Lawyers in North Somerset providing legal services to clients in Axbridge, Backwell, Banwell, Bath, Cheddar, Churchill, Claverham, Clevedon, Cleeve, Congresbury, Hewish, Hutton, Kingston Seymour, Nailsea, Shipham, Weston-super-Mare, Wick St Lawrence, Winscombe, Worle, Wrington, Yatton, and Yeovil

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