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You can apply for a divorce if you have been married for at least one year and the marriage has now irretrievably broken down. You will need to show one of five possible reasons for the divorce which include:-

  1. Adultery
  2. Unreasonable behaviour
  3. Desertion
  4. Separation for 2 years with consent
  5. 5 years separation

You can apply for a divorce online and you will need your original marriage certificate (and a translation if you were married abroad and the certificate is not in English or Welsh). You will also need to complete the divorce application form and pay the appropriate court fee (unless you are exempt). The court will then send a copy of the divorce papers to your spouse together with an acknowledgement form and a response will be required within 7 days.

If your spouse accepts the divorce then you can apply for a Decree Nisi and, after a further 6 weeks and one day, you can then end the marriage by applying for the Decree Absolute (this application is usually delayed if financial issues are not resolved). If your spouse however opposes the divorce then it will be defended and it is likely to be heard at a hearing before a Family Court judge to decide if the divorce can continue.

The divorce process itself can be complicated and can take over six months to conclude through to Decree Absolute.

Here at mosshaselhurst we offer fixed fees to obtain your divorce which will take away the stress of worrying about incurring additional costs.

Our Family Law specialists Stephen Warburton and David Bannister have many years experience of divorce and related family issues and, if you are thinking about applying for a divorce and you are unsure as to what to do next, they can be contacted at our Northwich office on 01606 74301.