Step 1: Are You Eligible to Divorce?
In England and Wales a couple can only get divorced when:
they have been married for at least a year;
they are domiciled (it is their permanent home) in England and Wales or have been habitually resident (settled for a purpose) here for at least a year and;
they are able to prove that their marriage has irretrievably broken down.
Proof that the marriage has irretrievably broken down:
You must be able to show the court that you have good reason for saying that the marriage is at an end, in other words you must be able to show the Court that the marriage has irretrievably broken down. To prove this you must be able to show one of the following five facts:
your spouse has committed adultery and you find in intolerable to live with him/her. (You cannot rely upon adultery which you learn about more than 6 months ago).
your spouse has behaved in such a way that you cannot reasonably be expected to live with him/her;
your spouse has deserted you for a continuous period of at least two years immediately before presentation of the divorce petition;
you and your spouse have lived apart for a continuous period of at least two years immediately prior to the divorce petition and your spouse consents to the divorce;
you and your spouse have lived apart for a continuous period of at least five years immediately prior to the presentation of the divorce petition. Your spouse does not have to consent to divorce in this case.
If you can answer yes to those three initial questions then you are eligible to a divorce and can begin to look at starting divorce proceedings. If you do not then you may wish to consider alternatives to divorce.
Next Step - Step 2: Starting Divorce Proceedings
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