FAQ's - Divorcing your spouse in England and Wales

Divorce

A marriage is a legal contract which you bring to an end by following a legal process. Most marriages are ended by a series of legal documents, without anyone attending Court.

To start divorce proceedings you need to establish:-

• you have been married for more than a year,

• the Court has jurisdiction to divorce you because either you or your spouse are habitually resident, or domiciled in England or Wales,

• your marriage has irretrievably broken down and you can illustrate this by one of the five facts (adultery, behaviour which you find unreasonable, desertion, separation for 2 years with your spouse's consent or separation for 5 years).

You will need:-

• your marriage certificate (not a photocopy),

• to pay a Court fee of £300.00 to issue proceedings. If you claim that it is your spouse's fault that the marriage has broken down because of an affair, or behaviour that you find unreasonable, it is more likely than not that you will be reimbursed the Court fee.