Divorce and dissolution of civil partnership
Divorce (for marriage) and dissolution (for civil partnership) is the formal ending of the legal relationship between the spouses or partners. This requires a court order. The courts also have wide powers to adjust the couple's property and money, and for enforcement of property and money orders.
Divorce
Dissolution of civil partnership
Money and property
Enforcement of property and money
Divorce
A person who wants a divorce starts by filling in a form called a “petition” and taking it to a divorce county court or, in London, to the Principal Registry.
You must be able to prove to the court that your marriage has 'irretrievably broken down'. You do this by proving one of the 5 'facts' below applies:
- 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 such that you can not reasonably be expected to live with him or her;
- That your husband or wife deserted you at least 2 years ago;
- That you have lived apart from your husband or wife for at least 2 years and he or she agrees to a divorce;
- That you have lived apart from your husband or wife for at least 5 years.
The vast majority of divorces are not defended and are considered by a District Judge without a court hearing. If the judge agrees that proper reasons have been given a divorce is granted.
You can also apply to the court for a ruling that your marriage is not valid and obtain a decree of nullity.
If a couple divorces or their marriage is annulled, the courts have powers to make orders relating to their money and property.
For more information about divorce see Divorce Aid and Divorce-online.
The Community Legal Service (CLS) has a leaflet on divorce and separation.
Dissolution of civil partnership
In December 2005, it became possible for same sex couples to become registered civil partners. For more information about civil partnerships see the Women and Equality Unit website. Where these relationships breakdown the court will be able to dissolve them. Dissolution proceedings cannot be started until your civil partnership has been registered for at least a year. (A similar rule applies to marriages). Dissolution proceedings will be similar to divorce and the court will have the same powers to make orders about money and property.
Money and property
During or after a divorce, the annulment of a marriage (nullity) or the dissolution of a civil partnership there may be disputes over money or property. The court can make financial orders. This is known as ancillary relief. The courts have wide powers to order the sale or transfer of property, maintenance payments, a lump sum payment and pension sharing. The court will need information about each party's property, the relevant facts and the issues in dispute in order to decide what orders to make. This information must be provided for the court and the other party before the First Appointment.
There are usually 3 stages to obtaining financial orders:
The First Appointment
The aim of the First Appointment is to identify the relevant issues in dispute, and prevent costly investigation into irrelevant issues. Both parties must attend. The district judge will consider the documents and give directions to the parties about the further information to be provided for each other and the court. Obtaining valuations of assets etc can be very expensive; the court will seek to keep costs down by not requiring a party to provide information which is not necessary. In the majority of cases the judge then sets a date for the FDR and orders the parties to attend. The district judge can also make interim orders. The court may treat the First Appointment as a FDR hearing if the parties are willing to do so.
Financial dispute resolution (FDR)
The object of the FDR is for the parties to try to reach agreement on matters still in dispute and avoid the expense of further court proceedings. The procedure is largely informal. The district judge will assist the parties to reach an agreement usually by giving guidance about the likely outcome and explaining how expensive it will be if the case goes to a final hearing. He or she may adjourn the case for the parties to go to mediation if appropriate. Most cases are agreed without a Final Hearing. If the case is settled, the district judge will make the orders as agreed at the FDR or shortly afterwards. In other cases he or she will give directions about the Final Hearing before a different judge.
Final Hearing
If the case proceeds to a Final Hearing, a judge will hear evidence about matters still in dispute, decide what is a fair division of the property and income and make the necessary orders. The length of the Final Hearing depends on the complexity of the parties' financial arrangements and the extent to which matters are agreed. The longer the proceedings the more they will cost and the less the parties will have for themselves.
Enforcement of court orders about property or money
Family Courts have a wide variety of powers to assist them in enforcing orders. If the other party does not comply with a court order you should take legal advice about the best way to enforce your order. The court does not enforce orders automatically. You must apply for enforcement. There are strict procedural rules.
For more information go to Her Majesty's Court Service website.