Divorce/Civil Partnership

We understand that separating with your partner can be one of the most stressful experiences in life, whether considering a formal separation, issuing divorce proceedings or dissolving a civil partnership.

We also understand that important decisions may need to be made and, as such, it is essential to take expert legal advice to ensure that your property and other assets are protected from an early stage as this can ultimately affect you and your family for many years to come.

Our family department offers a wealth of experience and takes great care in listening to your needs, to ensure that you have the best solicitor and/or lawyer with the right experience and approach to support you throughout the process.

When issuing a divorce proceeding or dissolving a civil partnership, the parties must have been married for a period of at least one year. This is referred to as the one-year marriage bar (for parties who have been married for less than one year, you will be required to seek a petition of nullity.

You will then need to establish that the marriage or partnership has irretrievably broken down. This can be shown by one of five facts:

1. Unreasonable behaviour - Conduct by you or your partner deemed sufficient to cause the irretrievable breakdown of the marriage
2. Adultery - Defined as voluntary sexual intercourse between a married person and a person who is not their spouse (this fact does not apply to a same sex marriage or civil partnership)
3. Desertion for at least two years - Desertion takes place when one spouse leaves the other spouse without their knowledge or agreement
4. Living separate and apart for two years (and both parties consent to a divorce)
5. Living apart for a period of five years (and does not require the consent of the other spouse)

We have prepared the below flowchart to help guide you through the court process.

If you would like to know more information please do not hesitate to contact our family team on +44 (0)20 7164 6234 to arrange an initial consultation and/or email our enquiries line on info@montecristollp.com.