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01432 278179

01432 278179

  • Home
  • Individuals and families
    • Relationships and children
      • Relationships
      • Divorce
      • Dissolution of Civil Partnerships and Same Sex Marriages
      • Relationship Agreements
      • Domestic Abuse
      • Financial provisions on divorce or dissolution
      • You and your children
      • Child Living Arrangements
      • Child Maintenance Responsibilities
      • Related offers
    • Employment advice for you
      • Our employment advice services
      • Employment Advice Overview
      • Employment Tribunals
      • Settlement Agreements
      • Early Conciliation
    • Resolving personal disputes
      • Our services for personal dispute resolution
      • Boundary Disputes
      • Alternative Dispute Resolution
      • Personal Debt Recovery
      • Professional Negligence
    • Criminal Defence
      • Our criminal defence services
      • Crown Court
      • Magistrates Court
      • Police Station Representation
    • Wills, Trusts and Probate
    • Legal Costs
  • Business services
    • Company & Commercial
      • Company & Commercial
      • Company & Commercial Overview
      • Business Start-Ups
      • Commercial Contracts
      • Corporate Services
      • Corporate Services Overview
      • Business Structure
      • Transfers, acquisitions and disposals
      • Joint venture
      • Corporate Crime
    • Dispute Resolution & Debt Recovery
      • Dispute Resolution and Debt Recovery
      • Commercial Dispute Resolution
      • Commercial Litigation
      • Debt Recovery and Late Payment Demands
    • Commercial Property
      • Commercial Property
      • Commercial Property Mediation
      • Commercial Lease
      • Commercial Development
      • Buying and Selling
      • Landlord and tenant
      • Portfolio and asset management
      • Planning and environmental policy law
    • Employment and HR
      • Employment and HR Services
      • Employment and HR Overview
      • Legal Shield
      • Employment Contracts
      • Recruitment and Retention
      • Employment Investigations
      • Social Media at Work
      • Employee Appraisals
      • Training
    • Health and Safety
      • Health and Safety
      • Advice on Aspects of Health and Safety Law
      • Health and Safety Documentation
      • Tailor-made Policies, Procedures and Risk Assessments
      • On-site Health and Safety Management and Practical Guidance
      • Health and Safety HSE Interviews and Investigations
    • Regulatory Services
      • Regulatory Services
      • Bribery
      • Regulatory
      • Licensing
    • Legal Shield & Consultancy
    • Legal Costs
  • News
  • About us
    • About Kidwells
      • Learn more about Kidwells Solicitors
      • About us
      • Meet the Team
      • Our Mission and Values
      • Careers
      • Legal Costs
    • Policies, Procedures and Complaints
      • Policies, procedures and complaints
      • Terms of Business
      • Website Privacy Policy
      • Company Privacy Policy
      • Issues and Complaints
      • Equality and Diversity
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  • Contact
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Divorce

Divorce can be one of the most stressful experiences in life. That's why it's imperative to take expert legal advice from our solicitors to attempt to reach an amicable solution.

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Helping you through a life changing event

You can get a divorce in England or Wales if you have been married at least one year and your relationship has irretrievably broken down.

The marriage must be legally recognised in the UK and the parties must usually live in England or Wales.

When you apply for a divorce you will need to prove to the court that your marriage has irretrievably broken down. In order to do this, you will need to use one of five ‘facts’:

  • Adultery
  • Unreasonable Behaviour
  • Separation of 2 years with the other person’s consent
  • Separation of 5 years without consent
  • Desertion

Support and guidance with every stage

Adultery

This is applicable if your husband or wife has had sexual relations with someone else of the opposite sex. The law recognises the act of adultery as sexual intercourse between a man and a woman.

You will not be able to use adultery as a reason if you lived together with your husband or wife as a couple for six months after you found out about the adultery.

Unreasonable behaviour

You can use this fact for divorce if your husband or wife has behaved in such a way that you cannot reasonably be expected to live with them. The court will require information demonstrating a pattern of behaviour over time. The behaviour can include examples such as, physical violence, verbal abuse, drunkenness or drug-taking or refusing to contribute to the running of the household.

Living apart for more than two years

You can apply for a divorce if you’ve lived apart for more than two years and both agree to the divorce. Your husband or wife must provide consent in writing.

Living apart for at least five years

You can apply for a divorce if you’ve lived apart for at least five years, even if your husband or wife disagrees. They will not be required to consent to the proceedings.

Desertion

This is a very rare reason for divorce in recent years, but one that is still available.

You can use this fact to show the court your marriage has irretrievably broken down if your husband or wife has left you without any consultation or agreement, without reason and has left you for more than two years within the last two-and-a-half-year period. You can still claim desertion if you have lived together for up to a total of six months in this period.

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