Am I eligible to apply for a divorce?

The court will only grant you a divorce if a judge agrees that your marriage is at an end. The legal term for this is 'irretrievably broken down'.

You must satisfy the court that one or more of the following is true as proof that your marriage is over:

• adultery by your husband or wife
• unreasonable behaviour by your husband or wife
• desertion for a period of at least two years
• two years' separation, if you both agree to the divorce
• five years' separation, if there is no agreement to the divorce

How quickly can I get divorced?

The initial stages can take about 6/9 months and there is a compulsory delay of six weeks between the decree nisi and decree absolute which accounts for a considerable portion of this. How long a divorce takes exactly does rather depend on the speed with which third parties (the court and the Respondent) deal with their respective parts as it is not all dependent upon the Petitioner.

How do we sort a financial agreement for our divorce?

If you still have an amicable relationship with your husband/wife it may be possible to agree a financial settlement without appealing to the court for a decision. Having reached an agreement with regards to any property and finances we can draw up a Consent Order which details the agreement you have made.

Both parties sign this agreement and then it is sent to the Court to be sealed by a judge. Provided the judge is satisfied that both parties have understood what they have signed and that the agreement is a reasonable one, there will be no need to appear in court.

Once the Consent Order has been sealed by the judge it forms a legally binding document and means that no further financial claims can be brought by either party.

We are not married but have been living together for a number of years. Can you help now that we have ended our relationship?

Yes, we can help draft a separation deed (an agreement of who gets what), as well as consider whether you are eligible to make an application under the Trust of Land and Appointment of Trustees Act for any legally owned property. We will work with you to reach a favourable settlement with the other party so that you get your fair share.