I am planning to get divorced. I need advice.
Need advice on divorcing
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Grounds for divorce
The only ground for divorce is that the marriage has irretrievably broken down. There are five ways, known as the five facts, of demonstrating that the marriage has irretrievably broken down. One of the following has to be proved:
adultery
unreasonable behaviour
desertion
two years separation with consent
five years separation without consent
Agreement to the divorce
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If neither partner objects to the divorce it is called an undefended divorce. It is dealt with by a straightforward procedure which does not necessarily require the use of a solicitor. If the partner consents to a divorce, it does not necessarily mean that they have agreed to all the allegations made about them in a petition, but that they are prepared to let it go through. They could try to negotiate to have the allegations made in the petition amended.
If one of the partners does not agree to divorce, and decides to defend it, it is called defended divorce and will require the help of solicitors. The partner who wants to defend the divorce may also want to cross-petition for divorce. It will be necessary to determine how the costs will be dealt with.
In practice it is very rare for a defended divorce to proceed to a full hearing because of the time and legal costs involved.
If a couple has been separated for at least two years, one spouse can apply for a divorce provided that the other spouse agrees. The agreement of the other spouse can be rescinded at any time up to the grant of the decree nisi.
If a couple has been separated for at least five years, one partner can apply for a divorce even if the other partner does not agree.
Legislation which would enable spouses in England and Wales to divorce without having to make allegations about the other's conduct or show a lengthy period of separation has been reintroduced to the UK parliament.
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