Article 12 of the European Convention on Human Rights gives men and women of marriageable age the right to marry and found a family according to the national laws. However, if the marriage is not working either of the party can make a petition for divorce on the grounds discussed below.
If the divorce petition is with consent normally there are no legal complications and you could be able to do it yourself or with the help of friends or family member. However if the divorce involves children are property than the best thing is to take professional advice. If you are in situation where you need professional advice Khan McKenzie Solicitors, would be pleased to assist and represent you in relation to your divorce petition.
For divorcing your spouse, you can start the divorce process in the County Court by making a divorce petition to the County Court. For starting the proceedings you will have to complete the divorce petition known as form D8 which can be obtained from any county court or can be downloaded from the website, https://www.gov.uk/divorce/file-
You can only file for divorce after you have been married for at least one year. There is court fee of £345.00 which you will have to pay. You may be able to get help with court fee if you are on benefits for eligibility of exemption of court fee you can get further information from Citizen Advice Bureau.
Grounds of Divorce
According to section 1 of the Matrimonial Causes Act 1973, there is a single ground for divorce which is that “the marriage has broken down irretrievably”. It would be the petitioner responsibility to establish that the “the marriage has broken down irretrievably” by any one of the five grounds given below.
a) That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent. [MCA 1973, s1(2( (a)]
If your spouse has had sex with another person of the opposite sex and you find it intolerable to live with them, then you can make petition on this ground. However you could not rely on this ground if you lived with your spouse for a period of six months after you found out it. You must have proof of adultery or your spouse must admit it.
2. Unreasonable Behaviour
a) That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent. [MCA 1973, s1(2( (b)]
This ground for divorce is unreasonable behaviour of your spouse. If your spouse behaviour is so unreasonable, that it cannot be reasonably expected from you to continue living with them you can make a divorce petition on this ground. Some elements of unreasonable behaviour are given below.
a. Physical Violence
b. Verbal abuse or threats
c. Drunkenness or drug edict
d. Not paying for housekeeping
Divorce on unreasonable behaviour could be filed anytime and there is no time limit of six months as require in Adultery ground petition mentioned above.
3. Two years’ desertion
b) That the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition. [MCA 1973, s1(2( (c)]
If your spouse has left you for a continuous period of two years in the past 2 years and six months you can make a divorce petition on this ground if you satisfy the following requirements.
• You no longer live with your spouse
• Your spouse has left you without your consent or against your wishes
• Your spouse does not intend to permanently live with you
• Your spouse intention is to end the relationship
• Your spouse does not has reasonable cause for desertion
4. Two years’ separation with consent
c) That the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition… and the respondent consents to a decree being granted. [MCA 1973, s1(2( (d)]
You can get a divorce if you and your spouse have been separated for a continuous period of two years and you both agreed in writing. It’s not the requirement that you should be living physically apart. You may be living with your spouse in the same house for any reason and you can still make a divorce petition on this ground. The only condition is that you should not be living as husband and wife
5. Five years’ separation without consent
d) That the parties to the marriage have lived apart for continuous period of at least 5 years immediately preceding the petition. [MCA 1973, s1(2( (e)]
If you and your spouse are living apart for more than 5 years this can be a ground for divorce. In this case consent of the spouse is not required.
The petitioner would have to satisfy the court that marriage has broken down on one or more of the above 5 mentioned grounds otherwise the court cannot hold that the marriage has broken.
Unfortunately, Legal Aid is no more available for the full range of the Divorce services and we are aware of the difficulties clients are facing in arranging the financial resources for Divorce. Keeping in view the financial difficulties of clients, we have tailored very reasonable and affordable costs structure for our Divorce clients. If you would like to discuss any matter related to Divorce, please contact us through phone +44(121)794 2000 or alternatively make an online enquiry and we will respond at the earliest opportunity. We are very flexible in arranging appointments and offer highly friendly and a personlized service with very competitive costs.