Divorce is the legal process required to end a marriage and is usually preceded by separation. If the marriage is beyond repair, you will have to remain married for 12 months before you can file for divorce.
2 years is the minimum length of time for separation, after which you can divorce by mutual consent.If you have been separated less than 2 years, grounds for divorce can be valid for either unreasonable behaviour or adultery. However, adultery would have to be admitted as it is difficult to prove.
Grounds for a divorce rest upon the irretrievable breakdown of marriage and this must be established by one of the following:
• Unreasonable behaviour
• Two years separation by consent
• Five years separation
Issues to consider
There are many issues that can arise during the dissolution of a marriage, which may be of an emotional, practical or financial nature or a combination of all three. These may involve children, property and business interests with many difficult decisions to make. We can help you to resolve these matters by negotiating an agreement for a fair settlement and drafting the Consent Order to legalise the agreement.
The process of divorce can be a time of anxiety and upheaval, and it is vital to have support from a specialist divorce lawyer. We would recommend you seek legal advice as early as possible if you are considering separation. We are friendly and approachable, with the sensitivity and knowledge to listen to your concerns and help you through the process of separation and divorce.