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We understand that divorce is a difficult and stressful time. We can advise and assist you throughout all aspects of your divorce and separation, and aim to make the process as simple and pain-free as possible.
A party to a marriage cannot lodge a petition for divorce within the first year of the marriage. Thereafter either party may lodge a petition provided that they can satisfy one ground; that the marriage has irretrievably broken down. This ground must be supported by one of five facts; adultery, unreasonable behaviour, desertion, two years separation and consent or five years separation.
Once the divorce petition has been lodged at Court, served on the Respondent and the Respondent has returned an ‘Acknowledgment of Service’ form indicating no intention to defend the divorce, the matter is set down for consideration by the court and a date set for the pronouncement of Decree Nisi. Six weeks and a day later, the Petitioner can apply for the Decree Absolute which, when pronounced, dissolves the marriage.
If you are unwilling or unable to divorce, we can advise you on alternatives such as judicial separation. This does not dissolve the marriage but is a legal recognition of your separation.
If you would like a free initial consultation on any family or divorce related matters, please contact Daniel Clifford.