The Divorce Petition must state that the marriage has irretrievably broken down by proving one of the following facts:

1. That the other person has committed adultery

2. That the other person has behaved in a way that is unreasonable

3. That you have lived separately for at least two years and you both agree to a divorce

4. That your husband/wife has deserted you for at least two years

5. That you have lived separately for at least five years

The Court sends the papers to your husband/wife with a form which must be filled in and returned. On the form the other person states whether they will defend the divorce. If the divorce is not defended you must then swear a statement which is then sent to the Court and if approved the Court then sets a date for the pronouncement of the Decree Nisi. Six weeks after the Decree Nisi has been pronounced you can apply for the Decree Absolute.

If you cannot agree on the financial arrangements then you can apply to the Court within divorce proceedings for the Court to decide what financial orders should be made.

Both parents have the right to make applications to the Court for Orders concerning the children called Residence Orders, Contact Orders, Prohibited Steps Orders and Specific Issue Orders and in deciding whether to make any Order the Court will have regard to the following matters:

a) The ascertainable wishes and feelings of the child concerned (considered in the light of the child's age and understanding)

b) The child's physical, emotional and educational needs

c) The likely effect on the child of change in his or her circumstances

d) The child's age, sex, background and any other characteristic that the Court considers relevant

e) Any harm which the child has suffered or is at risk of suffering

f) The ability of each of the child's parents (and any other relevant person) to meet the child's needs

g) The range of powers available to the Court under the Children Act in the proceedings in questions