After you have been married for a year. You must prove that your marriage has irretrievably broken down.
The only basis is ‘irretrievable breakdown’ of marriage. However, you have to prove this with one of these reasons (known as ‘facts’):
No. Your spouse has to divorce you or you must use a different reason from the above list above.
No. You need your spouse’s consent first. If you have already sent the divorce papers to court but your spouse does not agree to a divorce, you need to get the petition dismissed and start again from the beginning. Make sure you check that your spouse consents to a divorce before you start the process.
Yes, as long as you are not living as man and wife (i.e. sharing a bedroom or domestic tasks) before the date you file the petition.
When you start the divorce process, you must give the court a statement about arrangements you have made for your children. The court will not make these arrangements binding, but they do need to consider the children’s welfare. If they are satisfied your plans are in line with the children’s welfare, they will approve them.
Head of Family Law
Direct Dial: 0117 904 5923
Partner/ Deputy Group Leader: Family Law
Direct Dial: 0117 904 5878
Family Law Solicitor
Direct Dial: 0117 904 5958