Are You Eligible For Divorce?
Marriage / civil partnership is a legally binding contract and for it to be dissolved under English law, all 3 basic conditions/requirements must be met.
1. One year has passed since the date of your marriage / civil partnership.
2. You both agree to a divorce / civil partnership dissolution and in doing so agree that the marriage / partnership is at an end, that it has broken down irretrievably and this can be supported by one of the following claims called FACTS:
- Adultery and intolerability (not applicable to civil partnership)
- Behaviour
- Desertion
- 2-years’ separation (with consent) and
- 5-years’ separation (without consent).
3. ONE of the following legal jurisdictions relating to habitual residence must apply. Don’t worry if you live overseas or are in the Armed Forces, you will meet one of these jurisdictions:
- Both parties are habitually resident in England and Wales; or
- Both parties were last habitually resident in England and Wales, and one of them still resides there; or
- The respondent is habitually resident in England and Wales; or
- The petitioner is habitually resident in England and Wales and has lived there for at least a year immediately before the petition is filed; or
- The petitioner is domiciled in England and Wales and has been residing in England and Wales for at least six months immediately before the petition is filed; or
- Both parties are domiciled in England and Wales; or
- If none of 1-6 above applies and no court of another EU State has jurisdiction, either of the parties is domiciled in England and Wales on the date when the proceedings are begun.
We also require you to satisfy the following:
- You know the whereabouts / place of work of your spouse / partner, if you are no longer living together;
- You have your original marriage / civil partnership certificate, a certified copy or a certified foreign translation;
- You are in full agreement i.e. no further mediation / negotiations verbally or via correspondence between you and your spouse / partner are necessary;
- No other proceedings relating to your marriage / civil partnership have been issued in England and Wales or abroad.
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