In the unhappy event of a marriage not working out, there are a few basic requirements before you can apply for a divorce in England and Wales. Firstly the marriage must be legally recognised under UK law. Secondly the couple must have been married for at least a year, and thirdly the relationship must have broken down irretrievably.

There are only five reasons that which a court will accept as the basis for divorce which are:

• adultery;
• unreasonable behaviour;
• desertion;
• two years' separation with consent; or
• five years' separation without consent.

If desertion or separation are the grounds for divorce, the case cannot start until the couple have been separated for at least 2 years, so if adultery has not occurred, and both parties want to be divorced quickly, then the most common ground on which to proceed is unreasonable behaviour. To support a claim of unreasonable behaviour, one party must give a brief description of the behaviour in the divorce petition. This might mean giving details of violence or mental cruelty as well as more subtle complaints such as the exercise of unreasonable control.

There is a formal process for a divorce petition to progress smoothly. The party who applies or petitions for divorce is known as the petitioner while the other party is called the respondent. The petition for divorce is delivered to, or served on, the respondent who must either admit that the petition is true or defend the divorce. It is very unusual for divorces to be defended, and the normal procedure is for the respondent to agree by returning a form to the court.

The next stage is for the petitioner to send to court a sworn statement, following which a district judge will normally decide on the date of a decree nisi. This is the first formal order in the divorce.

Six weeks after the date when the decree nisi has been granted, the petitioner can apply for the decree absolute. When this is granted, the divorce is final. If the petitioner does not apply for the decree absolute, the respondent may do so after three months.

Arrangements concerning any children from the marriage and the split of family assets are best agreed between the parties without having to go to court. If the parties cannot agree, the court will always suggest mediation in order to reach a mutually acceptable agreement as this is much better than matters having to be resolved by the court.

Most divorces take between five and seven months to complete provided everything goes smoothly. If there are disagreements over children or money that cannot be settled without the intervention of the court, then it can take a lot longer. Whatever the reason for divorce it is usually a traumatic time, but if arrangements can be made amicably following good legal advice it will reduce the stress and minimise the cost.

If you want more information on matrimonial or other legal matters, contact Helen Hope, partner at Motley & Hope Solicitors in Biggleswade. Contact Helen on 01767 600600 or e-mail helenhope@motleyandhope.co.uk.