Wanting a divorce – Consult the legal experts

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Emma Underwood, Solicitor, Paul Crowley & Co Solicitors

For many people, when a marriage breaks down, filing for a divorce can seem like a daunting prospect; anxiety over the welfare of the children, the marital home or your future finances.

At Paul Crowley & Co, our solicitors have empathy with our clients, and we understand the emotions that you are feeling. We will support you through the whole process.

Emma Underwood, Solicitor from Paul Crowley & Co’s experienced family law team will guide you through all the legal aspects of getting a divorce.

There are 5 possible grounds for a divorce

You can only apply for a divorce after 12 months of marriage. The Petitioner (the person applying for a divorce) must prove the irretrievable breakdown of the relationship using 1 of 5 possible grounds for divorce.

1 Adultery You can rely on adultery if your partner has had sexual intercourse with someone of the opposite sex. This ground does therefore not apply to same-sex marriages. Under current law, if your partner had sexual intercourse with someone of the same gender, you can’t rely on adultery.

You must file for a divorce within six months of finding out about the adultery, and it must be the innocent party who petitions for divorce.

2 Unreasonable behaviour This is the most common ground used when petitioning for a divorce and involves a partner behaving in a way which means their spouse cannot reasonably be expected to live with them. The behaviour must have occurred at least once in the six months leading up to filing for divorce and could include, but is not limited to:

• Domestic abuse
• An inappropriate relationship with someone else
• Social isolation
• Drug and alcohol abuse
• Lack of support
• Excessive gaming/social media
• Debt or financial recklessness

3 Desertion You can rely on desertion if your partner has left you without consent or good reason, as long as you haven’t lived together for more than six months in the past two and a half years.

4 Living apart for more than two years (with consent) This ground can be used if you and your spouse have been living apart for more than two years and you both agree to use this reason for your divorce. You can be considered to be living apart even if living in the same household, provided you don’t share household chores, meals or a bed.

5 Living apart for more than five years (without consent) If you and your spouse have been living apart for over five years, you can rely on this ground even if your ex-partner doesn’t consent. The Court will serve divorce papers on the respondent. Failing this, you will need to prove that you did everything you could to find them and attempt to serve the papers.

How long does a divorce take?

If you and your partner agree on one of the five grounds, getting a divorce can take between four to six months. It will take longer if you can’t agree on this and any separate issues with property or children can delay the process further. At Paul Crowley & Co solicitors, our divorce specialists will provide you with regular updates to keep you informed on what will happen and how long it will take during each step.

How much is a divorce and who pays the fees?

Both parties can choose to instruct a solicitor to help them fill in the divorce petition and negotiate a consent order to agree on the couple’s finances. The petitioner will also need to pay a £593 fee for the application, if the petitioner is on a low income or working, they may be entitled to Help with Fees for the court fee. We offer a fixed fee divorce and our Family Team will be happy to assist on advising of the costs of the same.

Paul Crowley & Co… on your side

Our family law team will prevent any costly delays and negotiate a successful settlement on your behalf.

If you would like to speak with Emma, please call our Family Law team on 0151 264 7363

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