News and Articles
Discovering divorce
The first female partner of Burningham and Brown
Solicitors, Sarah Loveless, explains what divorce entails.
Sarah is a member of the family law group Resolution and the code of Resolution is designed to minimise emotional distress – especially when children are involved in divorce proceedings.
What does getting divorced actually mean?
It will end your marriage and means that
you are free to remarry. It has implications
for your children, housing, finances and for
your entitlements to state pensions and other
benefits, as well as your rights to a share in
your spouse’s pension.
Do I have grounds for divorce?
To obtain a divorce you must have been
married for 12 months. There is only one
ground for divorce, namely that the marriage
has irretrievably broken down. This must be
proved by one of the following facts:
• the unreasonable behaviour of your partner
• the adultery of your partner
• your partner has deserted you
• you and your partner have been living
separately for two or more years and your
partner agrees to a divorce
• you and your partner have been living
separately for five or more years (here the
consent of the other partner may not be
required)
How long will it take?
If there is broad agreement, the divorce can
be processed relatively quickly and should
not take more than six months. Where there
is an argument about the divorce itself or
related financial matters it can take much
longer; however, it is normally in both parties
interests to reach an agreement as soon as
possible.
Do I have to attend court to obtain a divorce?
You will have to apply to a court, but
unless there is a disagreement about financial matters or children then it is unlikely that
you will have to attend.
For further advice on divorce, separation or co-habitation proceedings, please contact our family department.
