Your questions and our answers on divorce

A divorce is often a tricky, sensitive, and difficult time, making navigating the muddy waters of divorce law even harder.

Attwood & Co are here to help. We have years’ of experience helping couples get through a divorce quickly, and painlessly. But we still get a lot of questions. To help, we have covered some of the most commonly asked questions regarding divorce, below.

Will I require my marriage certificate?

Yes, the divorce petition should be accompanied with either your original copy, or a newer official marriage certificate. A photocopy will not suffice. You can easily attain a copy by contacting the Registrar of Births, Deaths, and Marriages.

When can I issue a divorce petition?

You must have been married for more than one year. It doesn’t matter where you were married, but it matters where you live at the time of your petition being issued. Your location and connections that you may have abroad must be considered by the courts to ensure they have the authority to deal matters further.

On what grounds can you divorce?

The marriage must have broken down irretrievably, which can be established by certain circumstances:

–          Your spouse has behaved in a way that makes it unreasonable for you to live with them

–          Your spouse has committed adultery

–          They have deserted you for two years or more and agree to the divorce

–          You have both lived apart for five years or more

Do you and your spouse have to agree on the basis of the divorce?

No, but it is a good idea if you or your solicitor establish the likelihood of opposition. It is good practice to draft a petition based on behaviour and send it to the other spouse so that particulars can be agreed upon.

Attwood & Co can help you and your spouse arrange divorce procedures with ease. Our team are sensitive to the matter at hand, and understand that each client may want to take on a divorce differently. To find out more, visit our divorce page here: