Divorce

Divorce

Are you unhappy in your marriage? Have you discovered that your spouse is cheating on you or have you decided you can no longer tolerate their behaviour towards you?

There are many reasons why a marriage breaks down.

If you have decided that you wish to put an end to your marriage you could instigate divorce proceedings. In these circumstances a Divorce Petition would be issued on your behalf to confirm that the marriage has broken down irretrievably. There are five ways to prove that your marriage has broken down irretrievably, your spouses’ unreasonable behaviour, your spouses’ adultery, two years separation with your spouses consent, two years desertion or five years separation.

Providing your spouse completes and returns an Acknowledgement form confirming that they do not wish to defend the divorce proceedings, you can then apply for the first major stage of the divorce, that being the Decree Nisi. Once the Decree Nisi has been pronounced, after a period of six weeks and one day you can apply for the Decree Absolute and once the Decree Absolute has been pronounced you shall be divorced and free to remarry should you wish to do so.

Unfortunately it is not always the case that a spouse cooperates with the divorce proceedings and we here at Brearleys are able to give you full advice with regard to divorce proceedings and to provide clear advice in the event that such proceedings do not run smoothly. Fixed fee packages are available and our family team at Brearleys will be happy to assist with any enquiries you may have in this regard.