It is a requirement that the marriage is legally recognised in the UK, including same sex marriages although it is not a requirement that you need to have married in the UK as foreign marriages are recognised in the jurisdiction of the England and Wales Courts. You must usually also have a permanent home in England or Wales.
When applying for a Divorce in order to prove that your marriage has irretrievably broken down you will be required to rely on one of the following facts:-
Your Husband or Wife had sexual intercourse with someone else of the opposite sex.
Your Husband or Wife has behaved in a such way that you cannot reasonably be expected to live with them which requires particulars to be detailed in the Petition in support of the alleged unreasonable behaviour.
Your Husband or Wife has left you:-
You can still claim desertion if you have lived together for up to a total of 6 months in this period.
You can apply for a Divorce if you have lived apart for more than 2 years and you both agree to the Divorce. Your Husband or Wife must agree to the Divorce in writing and file the Acknowledgement of Service within the Divorce proceedings confirming the consent to the Divorce.
You can apply for a Divorce relying on the fact that you have lived apart for at least 5 years from the date of the Petition even if this has not been agreed with your Husband or Wife.
We are able to advise and assist you throughout the entire process and at the outset of the case we will provide you with a procedural guide so that you are fully informed from the start and throughout your case.
This firm is regulated by the Solicitors Regulation Authority No. 612241 (Sheffield) & 612666 (Hathersage)
Favell Smith & Lawson is a trading name of Favell Smith & Lawson Limited.
Registered in England No. 8854289.
VAT No.: 172 5631 65