The law states that couples need to be married for at least one year before they can apply for a divorce. The decision to file for divorce is never an easy one. We understand that this can be an emotionally fraught time for you and your whole family, which is why our divorce lawyers offer sensitive support every step of the way.
The party seeking the divorce (the ‘petitioner’) must prove that the marriage has irretrievably broken down by establishing one or more of the following:
Adultery can be used as the basis for a divorce petition whether you and your spouse are still living together or whether you have separated. The petitioner must be able to provide evidence that no more than six months have elapsed since they became aware of the adultery, unless the adultery is continuing.
If the petitioner wants to use unreasonable behaviour as grounds for divorce, they must prove that their spouse has behaved in such a way that they cannot continue living with him or her. In these cases, the petitioner has to make a number of allegations against their spouse. The number is dependent on the severity of the allegations, for example, in the case of domestic violence two allegations may suffice, but if the allegations are less severe in nature, for example, carelessness or messiness, then five or six allegations will be required. If your relationship between your spouse is still amicable, you can both agree to the contents of the allegations to prevent misunderstandings and difficulties in processing your divorce further down the line.
If your spouse has deserted you and left your marital home for a continuous period of two years, you can use this as grounds for your divorce.
Two years separation with consent
If you have been separated for a continuous period of two years and both parties consent to divorce proceedings.
Five years separation without consent
If you and your spouse are living apart for five years or more, then either party can issue divorce proceedings without the others consent.
Get through your legal matter with the help of a payment plan – and get on with life.
We provide payment plans to cover your legal costs, so you can get the legal support you require – without the need for large up front payments.
Your legal process can involve negotiation, litigation or alternative dispute resolution (such as arbitration or mediation).
We will connect you with a lawyer who specialises in family law matters and who is right for your individual circumstances. If you have already appointed a lawyer, we can still offer you a payment plan solution and will make all the necessary arrangements with your lawyer on your behalf.