About the Divorce Court

Legally you can't get divorced until you have been married for at least 1 year. It is a good idea to get legal advice especially if you have substantial assets that will need to be divided, but if you have few assets a do-it-yourself divorce is now possible as the system has been simplified and streamlined over the last few years. Typically a divorce can take up to 8 months to reach the final decree that legally dissolves the marriage.

Your first port of call is your local County Court where you can get the relevant forms and also guidance leaflets that will help you with the divorce proceedings. Locate your nearest County Court on the HMCS website: www.hmcourts-service.gov.uk/HMCSCourtFinder.

Often, you can use mediation to make the arrangements for your divorce that may mean you don't actually have to attend a court hearing. Also, mediation is much cheaper than paying a solicitor to handle your divorce. You can locate your local mediation team by calling the Family Mediation Helpline on: 0845 60 26 627, or by visiting their website: www.familymediationhelpline.co.uk.

Legal Basis for Divorce

The courts will want to see that your marriage or civil partnership has broken down. They do this by apply five facts to your case. If any of these are true the divorce is granted. The five facts are:

• Your husband or wife has committed adultery.
• Your partner's behaviour has become intolerable and no longer constitutes what you consider to be a proper marriage. Civil partnerships use this fact instead of the one above.
• Your partner has not lived with you for more than 2 years. This is legally defined as desertion.
• You and your partner have not lived together for over 2 years and you both consent to the divorce.
• You and your partner have not lived together for more than 5 years. Divorce is usually granted if this fact is true even if your partner contests the divorce in court.

The Cost of Getting Divorced

The major cost of getting a divorce will be the solicitor's fees if you decide to use one. Always try and get an estimate of what they will charge you. Extra costs or 'disbursements' such as house valuations are often added to the basic legal fee, so make sure you know the total cost before hiring a solicitor. Also, the person asking for the divorce known as the petitioner will have to pay court costs unless they can show that they can't afford to do so. In these cases the court may not make any charges.

Money, Children and Property

The court has a wide-range of powers to give you orders as a condition of your divorce. These can relate to the financial support of your spouse and children. How property will be handled and how any substantial assets will be divided can all come under a court order.

Divorce Courts in Scotland

In Scotland if you fulfil a number of set criteria you may be able to get what is called a 'simplified divorce procedure'. Divorce hearings if attendance at court is needed are usually in the local sheriff's court or the Court of Session. You can only use this method of divorce if the divorce itself is uncontested. To use this system:

• You or your spouse must not have any children.
• You have agreed how property and money will be divided.
• You must have lived in Scotland for at least one year preceding the divorce.
• You and your spouse have been living apart for 1 year.
• You or you spouse do not have any mental health problems that stop you from make decisions about your affairs.

Help and more information can be obtained from Family Mediation Scotland by calling: 0845 119 2020 or visiting their website: www.familymediationscotland.org.uk.

Divorce Courts in Ireland

You cannot apply for a divorce until you have been married for at least 2 years. Divorce cases go before the County Court or the High Court. The petition for divorce is handed to either of these courts along with the marriage certificate and details of any arrangements regarding children. You must also show that you have ground for the divorce. These grounds include a two-year separation with each party in the marriage consenting to the divorce, or unreasonable behaviour. If the divorce is uncontested, the decree nisi is issued, followed 6 weeks later by the decree absolute that finalises the divorce.

Help and more information can be obtained from Mediation Northern Ireland by calling: 028 90 438614 or visiting their website: www.mediationnorthernireland.org.