Your most frequently asked questions regarding divorce...
We have put together a list of frequently asked questions regarding divorce - should you have any queries not covered here, please do not hesitate to contact us.
Q1 When can I start divorce proceedings?
A1 You cannot commence divorce proceedings until you have been married for one year.
Q2 Do I have grounds to petition?
A2 There is only one ground for divorce in England and Wales, that is that the marriage has broken down irretrievably. This can be on one or more of five facts. These are: Adultery; unreasonable behavour; desertion for two years; separation for two years with both spouses agreeing, or separation for five years.
Q3 Can I petition because I have committed adultery?
A3 You cannot commence divorce proceedings on your own adultery, or indeed your own unreasonable behaviour.
Q4 My husband/wife has kissed someone else, is that adultery?
A4 To prove adultery in divorce, you must show that sexual intercourse has actually taken place. Kissing, cuddling or oral sex are not adultery. You may be able to proceed on another ground of unreasonable behaviour.
Q5 Why are there two decrees on divorce?
A5 Once you have proved the facts of your case you are granted a Decree Nisi. There is a historical gap between Decree Nisi and Decree Absolute. Once the Decree Absolute is received your marriage will be dissolved. This carries legal consequences.
Q6 If I get a Decree Nisi, should I immediately apply for the Decree Absolute when my waiting period of six weeks is over?
A6 If your financial settlement hasn’t yet been concluded, you should not apply for Decree Absolute. The timing of this is crucial in any case.
Q7 If my husband starts proceedings in another European country, can I then start proceedings in England?
A7 The first to start proceedings will take precedence where the proceedings should be. If you do not start proceedings first, it may affect your financial settlement.
Q8 If I live outside of Europe and my spouse starts proceedings will that affect my settlement?
A9 Proceeding outside Europe must also be dealt with carefully to ensure that you do not lose the jurisdictional race to affect your settlement.
Q9 Are pre-nuptial agreements binding?
A9 There is a myth in this country that pre-nuptial agreements are not binding and therefore should be ignored. This is a dangerous assumption since in many cases pre-nuptial agreements are now being held to be binding and could severely affect the financial settlement.
