Divorce

You will be able to get a divorce in England and Wales if:

• you have been married for at least one year;
• your marriage is legally recognised by UK law; and
• your relationship has permanently broken down

Usually, one or both parties should be domiciled or resident in England and Wales, but even if that is not the case, you may still be entitled to divorce here.

As of 6 April 2022, new ‘no-fault’ divorce laws are in effect.

You may have heard that you need ‘grounds’ for divorce. In the past, you would have needed to cite one of five reasons as to why your marriage had irretrievably broken down. This is no longer necessary.

Now couples can get divorced simply on the basis that their marriage has broken down.

The new divorce laws have been designed to simplify the process and reduce the potential for conflict, as there is now no requirement for one spouse to blame the other for the breakdown of the marriage.

You can either apply for a divorce by yourself or jointly as a couple.

You can make a joint application if you both agree to the divorce, and you are not at risk of domestic abuse.

You may want to apply for a divorce on your own if your spouse does not agree to the divorce or if you do not think that they will cooperate or respond to the court.

In the past, one spouse was able to challenge the reasons or grounds for divorce that the other spouse had provided on the divorce petition. This may have resulted in both parties having to attend court and give evidence.

However, under the new divorce laws, it is no longer possible to contest a divorce, except on very limited grounds.

In general, no. The legal requirements for mixed- and same-sex marriages are essentially the same. As such, parties who entered into a same-sex marriage can equally file for divorce in England and Wales provided all legal requirements for a divorce petition are met.

In England and Wales, divorce tends to be an on-paper exercise with only a small percentage of cases ending up in court. In some instances, however, it can happen.

Most times matters are dealt with through mediation and negotiations, allowing parties to save time, money and reduce stress. For these reasons, our solicitors’ aim is to use cooperation and expertise to facilitate your divorce process.

If you believe that divorce is not the right decision for you, our solicitors can help you figure out an alternative to it. These are some possible arrangements we can advise you on if you are not ready to undergo a divorce or do not have sufficient grounds to prove its validity:

• Counselling
• Separation
• Post-nuptial agreements
• Reconciliation
• Therapy

Along with divorce proceedings comes the need to settle other areas of your life, such as finances and child matters, if you are a parent. At Grayfords, our solicitors are experts in all areas concerning family law and will be able to guide, support and advise you through all of these further agreements so as to ensure you that all of your matters are tackled to exceptionally high standards.