Divorce
DIVORCE LAWYERS GREENWICH
What is required for divorce?
To get a divorce, a couple must have been legally married for a period of no less than twelve months and the marriage must have irrecoverably broken down such that the couple can no longer be expected to live together. Any application for a divorce must be made through the courts and will be made legally concrete through two decrees known as decree nisi and decree absolute (see below).
How can a marriage ‘irrecoverably’ break down?
Under the law, a marriage will be determined to have irrecoverably broken down where:
- The spouse has committed adultery and the couple cannot be expected to live together.
- The spouse has behaved in an unreasonable manner such that the couple cannot be expected to live together.
- The couple has been living apart for a period of two years or longer and both parties agree to a divorce.
- The spouse has deserted their partner for a period of two years or longer.
What is a decree nisi?
A decree nisi is a document which tells the parties to the divorce that the divorce will be completed and made final after 6 weeks and one day from the day it is issued.
What is a decree absolute?
A decree absolute can be applied for after the 6 week and one day period of the decree nisi runs out.
What is judicial separation?
Judicial separation is used where a married couple no longer wants to live together but do not want or cannot get divorced. Unlike divorce, to be judicially separated the couple does not need to be married for a period longer than a year. However, the separation must be based on one of the above grounds for divorce and an application must be made through the courts.
What is a decree of judicial separation?
Unlike divorce, decree nisi and decree absolute are not required for judicial separation. A decree of judicial separation is, however, necessary. This document will make the separation legally binding but the couple will still remain legally married.
What is a deed of separation?
If both parties are able to come to agreements regarding care of any children, financial issues and other matters, these agreements can be made legally concrete using a deed of separation. An application through the courts is not necessary and can be drawn up using a solicitor.
How are issues relating to child custody/residence resolved?
In the majority of cases, issues relating to child custody/residence will be resolved at the same time as the divorce and in private between the parents or those with ‘parental responsibility’. However, if both parties cannot come to any private arrangements, the courts will get involved. The courts are able to issue a residence order which determines where the child will live. The court’s decision will be based on the report of a CAFCASS officer (Children and Family Court Advisory and Support Service) and other relevant factors such as the capacity of the parents to take care of a child and the age of the child.