Divorce and Dissolution
Divorce (for marriage) and dissolution (for civil partnership) is the formal ending of the legal relationship between the spouses or partners.
This requires a court order. The courts also have wide powers to adjust the couple's property and money, and for enforcement of property and money orders.
Divorce
A person who wants a divorce starts by filling in a form called a “petition” and taking it to a divorce county court or, in London, to the Principal Registry. You must be able to prove to the court that your marriage has 'irretrievably broken down'.
You can do this by proving one of the '5' facts below applies:
- That your husband or wife has committed adultery and that you find it intolerable to live with him or her;
- That your husband's or wife's behaviour has been such that you can not reasonably be expected to live with him or her;
- That your husband or wife deserted you at least 2 years ago;
- That you have lived apart from your husband or wife for at least 2 years and he or she agrees to a divorce;
- That you have lived apart from your husband or wife for at least 5 years.
The vast majority of divorces are not defended and are considered by a District Judge without a court hearing. If the judge agrees that proper reasons have been given a divorce is granted.
You can also apply to the court for a ruling that your marriage is not valid and obtain a decree of nullity.
If a couple divorces or their marriage is annulled, the courts have powers to make orders relating to their money and property.
For more information about divorce see the Divorce Aid website. The Advice Now website has a leaflet on divorce and separation .
Dissolution of civil partnership
In December 2005, it became possible for same sex couples to become registered civil partners. For more information about civil partnerships see the Women and Equality Unit website. Where these relationships breakdown the court will be able to dissolve them. Dissolution proceedings cannot be started until your civil partnership has been registered for at least a year. (A similar rule applies to marriages). Dissolution proceedings will be similar to divorce and the court will have the same powers to make orders about money and property.
Children Disputes
The Family Justice System helps parents and carers resolve disputes about children. Please see Children Disputes for more information.
