Divorce

The only way in which a marriage can be brought to an end is as a result of formal court proceedings. There is only one ground upon which divorce proceedings can be commenced and that is that your marriage has irretrievably broken down. It is necessary to rely on one of five facts to prove the break down of the marriage. Those facts are adultery, unreasonable behaviour, two years separation with the consent of the other spouse, two years desertion and living apart for more than five years.

Divorce proceedings are commenced by the filing of a Petition with the court which must be served upon the other party.

The Judge will consider all of the paperwork filed with the court during the course of the proceedings and will grant a certificate confirming that the marriage has broken down and that a decree will be granted.

There are two distinct stages within divorce proceedings. The first is the pronouncement of the Decree Nisi which recognises that the marriage has broken down and the final stage is the pronouncement of the Decree Absolute which is the document which brings the marriage to an end. Upon pronouncement of Decree Absolute you revert to single person status.

On average divorce proceedings take between four to six months from commencement of the proceedings through to pronouncement of the Decree Absolute.


 

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