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Divorce
The divorce system in this country is still based upon making fault allegations against the other spouse if an immediate divorce is required.
However, the vast majority of divorce cases are not defended. The reasons why the marriage broke down does not generally affect the resolution of issues surrounding the children and finance.
The Court fees for divorce are now in the region of £400 per case. Most of the legal costs and Court fees are borne by the petitioner who starts a divorce although they can claim costs from the other party as the respondent.
Adultery
Generally adultery is only a realistic ground for divorce if the other party makes a written admission. Proving adultery can be a lengthy and expensive excercise. It is up to you whether or not you name the other party in the divorce petition, we usually advise not to do so to avoid inflaming the situation.
Separation
You can have a completely amicable divorce without making allegations against the other party if you are prepared to wait for two years and the other party consents. Alternatively you would have to wait for five years. This is the reason why most people opt for a fault-based ground like adultery or unreasonable behaviour.
Unreasonable Behaviour
It is relatively straight forward to obtain a divorce on the grounds of unreasonable behaviour. This is the most common ground for divorce.
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