Five less well known facts about separation and divorce

1. In order to divorce you must have been married for at least one year, your relationship has to have permanently broken down and your marriage must be one that is legally recognised in the UK.

2. A legal separation allows you to live apart without divorcing or ending a civil partnership. A Judicial Separation Petition is filed with the Court. You do not have to demonstrate that your marriage has broken down irretrievably. You may want a legal separation if, for example, you have religious reasons for not getting divorced, have been married for less than a year or want time to work out if you want the marriage to end.

3. A Petition for divorce can only be based on adultery if your spouse commits adultery with someone else of the opposite sex and if you can no longer bear to live with them. You cannot rely on adultery as a
reason for divorce if you live with your spouse for six months or more after you find out about it.

4. You can apply for divorce even if your husband or wife lacks mental capacity and is unable to agree to the divorce or to take part in the proceedings. Your spouse will need to have someone to make
decisions for them during the divorce and that person is called a litigation friend. If there is no suitable or willing family member or close friend then an application can be made to the Court and the Official Solicitor may agree to act when there’s no-one else to
do it.

5. A Court fee of £410 is payable when your Divorce Petition is filed with the Court but, if you are in receipt of certain benefits or have a low income, you may be exempted from having to pay this fee or part of it.

This article aims to supply general information but it is not intended to constitute advice. Every effort is made to ensure that any law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek specific advice.

Capron & Helliwell Solicitors offer a range of legal services at the firm’s Stalham and Wroxham offices near North Walsham and Norwich in Norfolk. The firm specialises in areas including family law, conveyancing and private client law including wills and probate. Capron & Helliwell Solicitors offer free family law clinics – please call 01692 581231 for further details or to make an appointment.