Personal: Divorce and Nullity

Unfortunately not all marriages last and we will discuss with you the grounds for divorce which are relevant to your circumstances and advise the best way forward.

At Davies and Partners we believe clients should make informed decisions. Not everyone is ready for divorce when things go wrong and we have contacts with various professional agencies which can assist in repairing a marriage. However if the marriage is beyond repair we will make sure that you have all the information to hand to ensure that you arrive at the right decision as to how to proceed.

There is in truth only one ground for divorce namely that the marriage has irretrievably broken down. However in addition you need to show that one of five facts exists.

Briefly the facts are: -

a. Adultery and it being intolerable to live with the person who committed adultery.

b. That one person has behaved in such a way that it is not reasonable to expect the other person
to live with them (commonly called "unreasonable behaviour")

c. Living apart for 2 years and both parties agree to a divorce
d. Living apart for 2 years and one party deserted the other
e. Living apart for 5 years.

The divorce procedure is essentially the same for all five facts. The procedure normally lasts about 5-6 months if it is undefended. Most divorce petitions proceed on an undefended basis in which case the parties do not have to attend Court.

Details of the costs of divorce can be found in our fees.

The Court will also need to know details of any children of the family and it is important that the Court is satisfied concerning the arrangements for the children.

All new clients are given a free client pack which includes useful information to help you through the process and a client folder to keep your papers organised.

So far as possible we try to remove the stresses and strains which clients inevitably feel.

We give clear advice, prompt service and have respect for the parties involved.

Divorce is not the only way to end the marriage. In some cases it is possible to seek an annulment. Usually there needs to be some defect in the formalities of the marriage or certain other grounds need to be shown such as wilful refusal to consummate the marriage. There is a difference between the marriage being void and it being avoidable. If the marriage is void it is regarded as being non-existent from the start. However it may be necessary to seek a declaration of the Court to that effect. An avoidable marriage is one which subsists but the Court has the power to declare that it is annulled and until that occurs the couple are legally married. This is a complex area of law and you should seek specialist legal advice. The family team at Davies and Partners have successfully concluded several nullity cases.

We have advised clients in same sex divorces and the financial claims which can follow from the breakdown of gay or lesbian relationships.

If you wish to discuss matters with one of our team concerning your situation please do not hesitate to contact us on This e-mail address is being protected from spambots. You need JavaScript enabled to view it or telephone us. Click here for our contact details.