Girlings are experienced divorce solicitors. The only ground for divorce is that the marriage has irretrievably broken down. However, the marriage must have been in existence for one year and, to establish that the marriage has irretrievably broken down, it is necessary to "prove" one of five facts:

a. Your spouse has committed adultery and you find it intolerable to carry on living together;
b. Your spouse has behaved in such a way that it would be unreasonable to expect you to continue living together;
c. Your spouse has deserted you for a continuous period of two years or more;
d. You and your spouse have been living separately for two years or more and your spouse agrees to the divorce;
e. You and your spouse have been living separately for five years or more, whether or not your spouse consents to the divorce.

The divorce is commenced by a petition, which contains basic information about the names of the couple, their addresses, the ages of any children and a statement that the marriage has irretrievably broken down. It will also state the "fact" on which it is intended to rely. The petition may include a claim for various forms of financial provision.

Proceedings are commenced by 'lodging' the petition (and where there are relevant children, a statement of arrangements for the children) with the court, together with the marriage certificate and the court fee (unless you are exempt from paying this fee). The court will send the documentation to your spouse, who should then respond with an acknowledgement of service. Defended divorces are rare, and presuming that the case proceeds on an undefended basis the next step will be to make an application for decree nisi. This is "the almost there stage" of divorce. As long as the court does not require any further information, and your spouse does not resist any of the orders you seek, it will probably not be necessary to attend court for the divorce.

Six weeks after decree nisi it is possible to apply for decree absolute. This is when the divorce is finalised.

Financial Remedies

Application for financial relief is made by lodging a form ("Form A") with the court. The court should set a date for a first appointment not less than 12, nor more than 16 weeks after the date of filing the notice. In most cases, it is necessary to have attended a Mediation Information and Assessment meeting to discuss mediation with a mediator before making this application.

That first appointment is a procedural hearing and it is unlikely that matters will be resolved fully at that hearing. After the application has been lodged it is necessary to gather together information about your financial circumstances, and include them on a document known as "Form E". This must be lodged with the court at least five weeks before the date of the first appointment. It will include values of property, details of bank accounts and the amount of money held in them, the transfer value of pensions, the surrender value of endowment policies, details of your earnings ,other assets and liabilities, and your financial needs..

After Form E has been filed, each party may ask questions of the other where issues are unclear, perhaps requiring further documentation to be produced.

At the first appointment the district judge will consider what further directions need to be made for the future conduct of the case, and indicate which of the questions referred to need to be answered. The judge may well refer the case to a financial dispute resolution hearing (FDR).

Financial dispute resolution gives both parties an opportunity to reach an agreement, with some guidance from the district judge. The solution will, however, be one which is agreed. If the case cannot be settled at this hearing, a final hearing will take place on another date when the court will hear all the evidence and make orders.

Orders Available

Maintenance Pending Suit
It is sometimes possible for one spouse to obtain an order for maintenance pending suit against the other. This is maintenance between the date when the petition is lodged at the court and the pronouncement of decree absolute. It is intended to meet urgent and immediate needs in the short term.

Orders Subsequent to Divorce

• Maintenance for a spouse
• Maintenance for a child
o The Child Support Agency deals with many maintenance issues relating to children. However, it may be possible, in certain circumstances, to pursue top up maintenance from the court, or to pursue a step-parent for maintenance in respect of a child.
• Lump Sum
o A cash sum can be sought from one party by the other
• Property Adjustment Order
o An order that the property be transferred from one person to the other
o Transfer of Property subject to a charge
o This involves deferring payment of the other partner's interest in the property
o Leaving property in joint names, which once again involves a deferred payment
• Sale of the property
• A Pension Attachment Order
o The court can direct the trustees of a pension scheme to make payment direct to the party without these pension rights.
• Pension Sharing Order
o The court can transfer part or all of one spouse's pension, to a pension for the other spouse.

Factors which the court will take into consideration

The first consideration will be given to any minor child of the family who has not reached 18. The starting point is equality and the Courts will consider needs, sharing and contribution of both spouses.After this, there are a number of other factors which the court will take into consideration:

a. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future; including, in the case of earning capacity, any increase in that capacity which it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire.
b. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future.
c. The standard of living enjoyed by the family before the breakdown of the marriage.
d. The age of each of the parties and the duration of the marriage.
e. Any physical or mental disability of either of the parties to the marriage.
f. The contributions which each of the parties has made or is likely, in the foreseeable future to make, to the welfare of the family, including any contribution by looking after the home or caring for the family.
g. The conduct of each of the parties if that conduct is such that it would in the opinion of the court be inequitable to disregard it.
h. The value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

In addition, the court encourages parties to become self sufficient and independent of each other after the divorce, so far as that is possible to achieve. The court may consider that a clean break order is appropriate.

Financial Issues Relating to Children

The Child Support Agency deals with many maintenance issues in relation to children. However, it may be possible to pursue top up maintenance from the non-resident parent through the court for maintenance in respect of a child.

In addition, it is possible to pursue maintenance against a step-parent although additional criteria have to be considered.

Lump Sum Orders and Property Adjustment Orders are also possible.

When making an order in relation to a child of the family the court shall have particular regard to the following matters:
a. The financial needs of the child;
b. The income, earning capacity (if any), property and other financial resources of the child;
c. Any physical or mental disability of the child;
d. The manner in which he was being and in which the parties to the marriage expected him to be educated or trained.

In addition, if the child is not the child of the person against whom the financial claim is being brought the court must also consider:

a. Whether that individual assumed responsibility for the child's maintenance, and the extent to which and the basis on which he or she did so, and the length of time for which that was done;
b. Whether in doing so that individual knew that the child was not his or her own;
c. The liability of anyone else to maintain the child