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| DIVORCE
INFORMATION SHEET » BASIC REQUIREMENTS |
The
Court
Divorce proceedings are dealt with by the County
Court. The Petition can be issued in any County
Court.
Minimum length of marriage
Divorce proceedings can only be issued after one
year of marriage.
Grounds for Divorce
The court has to be satisfied that there has been
an irretrievable breakdown@ of the marriage before
a divorce decree can be granted. Irretrievable breakdown
is proved by establishing one or more of the following
facts/grounds:
1) The Respondent has committed adultery and the
Petitioner finds it intolerable to live with the
Respondent (adultery).
2) The Respondent has behaved in such a way that
the Petitioner cannot reasonably be expected to
live with the Respondent (unreasonable behaviour).
3) The Respondent has deserted the Petitioner for
a continuous period of at least two years immediately
preceding the presentation of the Petition (desertion).
4) The parties to the marriage have lived apart
for a continuous period of at least two years immediately
preceding the presentation of the Petition and the
Respondent consents to a decree being granted (two
years= separation with consent).
5) The parties to the marriage have lived apart
for a continuous period of at least five years immediately
preceding the presentation of the Petition (five
years= separation).
Costs
Advice and assistance under the legal Help Scheme
is available for undefended divorce proceedings.
You will have been assessed and told whether or
not you are eligible. If the proceedings become
defended, then application for full civil Public
Funding Certificate may have to be considered.
If you are not eligible for advice and assistance
under the Legal Help Scheme, you will have to meet
the costs yourself. These will have been discussed
with you and payment arrangements made. |
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