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About Divorce

The document provides information about divorce in England and Wales. It explains that to get a divorce, one must fill out a petition form and file it with a divorce county court or the Principal Registry in London. It also outlines the grounds for divorce, residency requirements, costs involved, and other procedures such as obtaining marriage certificates.

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98 views5 pages

About Divorce

The document provides information about divorce in England and Wales. It explains that to get a divorce, one must fill out a petition form and file it with a divorce county court or the Principal Registry in London. It also outlines the grounds for divorce, residency requirements, costs involved, and other procedures such as obtaining marriage certificates.

Uploaded by

Nieves Úbeda Castañeda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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D183

About divorce

How do I get a divorce?


By filling in a form called a “petition” and taking it to any divorce county court or to the
Principal Registry in London.
This leaflet gives you a list of all divorce county courts.
The addresses and telephone numbers of all divorce county courts are listed in the
telephone directory under Courts.

When can I get a divorce?


You cannot start a petition for divorce unless you have been married for more than one
year.

Must I explain why I want a divorce?


Yes, you must be able to prove to the court that you have reasons (or “grounds”) for
saying the marriage is at an end. The expression the court will use is that the marriage has
“irretrievably broken down”.
The court will accept one or more of the following grounds as proof:
• that your husband or wife has committed adultery and that you find it intolerable to
live with him or her;
• that your husband’s or wife’s behaviour has been so bad that you can no longer bear
to live with them;
• that your husband or wife deserted you at least two years ago;
• that you and your husband or wife have lived apart for at least two years and he or
she agrees to a divorce; or
• that you and your husband or wife have lived apart for at least five years.

Page 
Do I have to live in this country to get a divorce here?
You and your husband or wife, must both have your permanent homes (‘domicile’) in
England or Wales when the petition is started; or
You and your husband or wife must both be living in England or Wales when the petition is
started; or
You and your husband or wife must both have had your last home in England or Wales
and one of you must still be living in either of these countries when the petition is started;
or
Your husband or wife must be living in England or Wales when the petition is started; or
You must have been living in England or Wales for at least a year on the day the petition is
started; or
You must have your permanent home in England or Wales and have been living in either
of these countries for at least six months on the day the petition is started.
You may also get a divorce in England and Wales in other specific circumstances. You
should contact a solicitor, law centre or Citizens Advice Bureau if you need help deciding
which statement applies to you.

Will I need a solicitor?


Probably not. But you will find it useful to have some legal advice before starting your
petition if:
• you do not know whether you have grounds for a divorce;
• your husband or wife is not likely to agree to a divorce;
• you have not agreed with your husband or wife who the children should live with;
• you have not agreed about any financial support for the children or yourself, or about
any property.
The court will give you the forms you need and tell you what to do next. The forms are
free.
If you do need help filling in the forms a Citizens Advice Bureau will help.
Remember that court staff are not solicitors. They cannot give legal advice
or answer questions like:
• Should I claim financial support?
• Do I have proper reasons for a divorce?
• What will happen to the house I own with my husband or wife?

Page 
Will I have to attend a court hearing?
If you can agree with your husband or wife about financial support, property and the
arrangements for any children, you may not have to attend a court hearing at all.
You may have to attend a court hearing if you ask the court to make an order for financial
support or cannot agree about the arrangements for the children.

How much will the divorce cost?


You may have to pay a fee for the following:
• to start your petition;
• the document which shows you are divorced, the decree absolute;
• any applications for financial support or about any children.

Does the fee always have to be paid?


No. Your financial situation may mean you do not have to pay a fee. The combined booklet
and application form EX160A - Court Fees - do I have to pay them? provides further
information on this.
Court staff can provide you with a copy of the EX160A. It is also available on-line at
www.hmcourts-service.gov.uk You will have to make a separate application for each fee
that you would otherwise have to pay.

Will I need a copy of my marriage certificate?


Yes. You will have to give a copy to the court when you start your petition. It will be kept on
the court file. The copy must not be a photocopy.

Where can I get a copy of my marriage certificate if I do not


have one?
If you were married in England or Wales, you can get a copy from:
• the office of the Registrar of Births, Deaths
and Marriages for the district in which you were married. You can get the address
from the phone book. You will have to pay a fee, and they will tell you how much it is.
• You can also get a copy from:
The Registrar General
ONS Southport
Smedley Hydro
Trafalgar Road
Birkdale
Southport PR8 2HH

Tel: 0151 471 4200

You cannot visit that office. You can only apply by post.

Page 
You will have to pay a fee, and they will tell you how much it is. You should send a cheque
or postal order for the correct amount. Cheques should be made out to “ONS”.
You can visit the office at the:
Office for National Statistics
Family Records Centre
1 Myddleton Street
London
EC1R 1UW

There will be a charge for your copy certificate. The office will tell you how much it is.

The office you go to will want to know:


• the date and place of your marriage;
• your full name; and
• the full name of your husband or wife.
If you decide to go ahead and start a petition, read leaflet D184 - I want to get a
divorce - what do I do?.
If you have children you should also read leaflet D185 - Children and divorce.

Page 4
List of Divorce County Courts
Aberystwyth Colchester Llanelli Slough
Accrington Consett Llangefni Southampton
Aldershot and Coventry Lowestoft Southend
Farnham Crewe Luton Southport
Altrincham Croydon Macclesfield South Shields
Barnet Darlington Maidstone Stafford
Barnsley Dartford Manchester Staines
Barnstaple Derby Mansfield Stockport
Barrow-in-Furness Dewsbury Medway Stoke-on-Trent
Basingstoke Doncaster Merthyr Tydfil Sunderland
Bath Dudley Milton Keynes Swansea
Bedford Durham Morpeth and Berwick Swindon
Birkenhead Eastbourne Neath and Port Talbot Tameside
Birmingham Edmonton Nelson Taunton
Bishop Auckland Epsom Newcastle upon Tyne Teesside
Blackburn Exeter Newport (Gwent) Telford
Blackpool Gateshead Newport (Isle of Wight) Thanet
Blackwood Gloucester Northampton Torquay and Newton
Bodmin Great Grimsby North Shields Abbot
Bolton Guildford Norwich Trowbridge
Boston Halifax Nottingham Truro
Bournemouth Harlow Oldham Tunbridge Wells
Bow Harrogate Oxford Uxbridge
Bradford Hartlepool Penrith Wakefield
Brecknock Hastings Penzance Walsall
Brentford Haverfordwest Peterborough Wandsworth
Bridgend Hereford Plymouth Warrington
Brighton Hertford Pontefract Watford
Bristol Hitchin Pontypridd Welshpool and
Bromley Horsham Portsmouth Newtown
Burnley Huddersfield Preston Weston-super-Mare
Burton-upon-Trent Ilford Rawtenstall Weymouth and
Bury Ipswich Reading Dorchester
Bury St Edmunds Keighley Reigate Whitehaven
Caernarfon Kendal Rhyl Wigan
Cambridge King’s Lynn Romford Willesden
Canterbury Kingston-upon-Hull Rotherham Winchester
Cardiff Kingston-upon- Runcorn Wolverhampton
Carlisle Thames St Helens Worcester
Carmarthen Lancaster Salford Worthing
Chelmsford Leeds Salisbury Wrexham
Chester Leicester Scarborough Yeovil
Chesterfield Leigh Scunthorpe York
Chichester Lincoln Sheffield
Chorley Liverpool Shrewsbury
Skipton

Page 5
D183 About divorce (04.05) HMCS

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