At Higgins Miller Solicitors we see lots of clients who want to divorce but do not know if they can or what they need to do, so what’s the answer?

Well you have to have been married for at least a year. We will need the marriage certificate or a certified copy from the place of marriage. If this cannot be obtained then it may be possible to overcome this with other proof of marriage.

The person who wants the divorce must prove it has broken down irretrievably. The most common way to do this is to prove that the other party has behaved “unreasonably”. That usually involves about half a dozen examples of what they have done in the marriage, it can include “mental cruelty” which sadly is often a reason why people want to divorce.

The other common way to prove that the marriage has broken down is to prove the other party’s adultery, the third party does not need to be named but the adultery must be proved or admitted.

The other three ways of proving the break down are based on separation, with consent, for two years; without consent, for five years or desertion for two years.

Often we hear that the reason for wanting a divorce is that couple has grown apart; unless they have separated for at least two years that is not a ground of divorce. However the reasons why the couple has grown apart could be examples of unreasonable behaviour.

Higgins Miller Solicitors offer specialist advice about divorce and its implications. We have set up a fixed fee divorce scheme to make it more affordable and subject to eligibility are able to offer Legal Aid for divorce.

Email us at [email protected] or call 0161 429 7251 to arrange a time to come and see us if you would like more help and advice with this.

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