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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