There is a one year rule applicable whereby no divorce proceedings can begin until one year after the marriage.  The reason for this restriction is to discourage over-hasty decisions to end short marriages.  This rule cannot be waived in any circumstances, however provided grounds for divorce can be satisfied, a petition may be presented after one year based on matters which occurred during this time.  We can however advise you on alternative solutions that can protect you even during the first year, should you be experiencing severe matrimonial problems and other solutions such as mediation.

 

The only ground for divorce is that “the marriage has broken down irretrievably”.  However, the Court will uphold this ground unless the petitioner can satisfy that one or more of the five facts specified by Matrimonial Causes Act 1973 can be proved, namely;

 

A: Adultery and Intolerability (not applicable to civil partners); “that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent”.

 

B: Behaviour; “that the respondent has behaved in such a way that the petition cannot reasonably be expected to live with the respondent”.

 

C: Desertion; “that the respondent has deserted the petitioner for a continuous period of at least 2 years immediately preceding the presentation of the petition”.

 

D: Two years’ separation and Consent; “that the parties to the marriage have lived apart for a continuous period of at least 2 years immediately preceding presentation of the petition…And the respondent consents to a decree being granted”.

 

E: Five years’ separation; “that the parties to the marriage have lived apart for a continuous period of at least 5 years preceding the petition”.

 

However, the Court will not grant a divorce if it is satisfied that there are reasonable prospects of co-habitation between yourself and your partner being resumed.

 

A decree of judicial separation can be obtained by proving one of the five facts listed above.

 

Furthermore, it is important to note that s24 of the Matrimonial Causes Act 1973 imposes a duty in divorce proceedings to consider the welfare of any “child of the family”.  (Please refer to our section on children and divorce – hyperlinked)

 

Whilst the Court has the discretion to resolve any issues relating to children of the family or financial matters within the divorce, please note that neither the decree nisi nor the decree absolute will, in themselves, activate the legal procedures for dealing with these aspects of the separation or endorse any agreement with regard to finances that has been reached between the couple.

 

Statistics for divorces and civil partnership dissolution in England and Wales (Office for National Statistics 2007 Figures)

 

-          For the sixth consecutive year, both men and women in their late twenties had the highest divorce rates.

 

-          The average duration of marriage for divorces granted in 2007 increased to 11.7 years.

 

-          One in five men and women divorcing in 2007 had previous marriage ending in divorce.

 

-          68% of divorces were granted to wives and in 54% of these cases the husband’s behaviour was the fact proven.

 

-          51% of couples divorcing in 2007 had at least one child aged 16.

 

The average age at divorce for women increased to 41 years, and for men to 43 years.

Divorce Procedure Flowchart: download pdf