There is no such ground in UK law as "irreconcilable differences". We don't yet have a "no fault" divorce basis in England and Wales (Scotland and Ireland have separate legal systems). In England and Wales you divorce because your marriage has irretrievably broken down. This is based on one of five facts: a. adultery b. unreasonable behaviour c. you have lived separately and apart for a continuous period of 2 or more years and your spouse consents to a divorce d. desertion which I think has to be for two or more years but I have never seen this used or e. you have lived separately and apart for a continuous period of five years or more and this ground is available whether your spouse consents to the divorce or not.
There are some excellent books you can get from the library which will be invaluable as there will be more questions that you will need answered. The court fee to issue the divorce petition is currently £300, and it costs you another £40 to apply for decree absolute.
The process is as follows:-
You (the Petitioner) take your petition to the court. You will need two signed copies of it together with your fee and an original certified copy of your marriage certificate. The court issues the petition and sends one copy to your spouse. Your spouse has 8 days to return the Acknowledgement of Service form to the court indicating whether he or she intends to defend the petition. The court then sends a sealed copy of this form to you together with another form for you to fill in. This is called an "affidavit". You have to swear it in the presence of a solicitor or court officer. The court officer does not charge for this. Once sworn, it and the acknowledgement form are returned to the court with your Application for Directions for Trial which the court will also have given you. This is a really easy one page form, a doddle to fill in. the court then considers the papers and if they are in order decides whether you are entitled to a divorce. You then receive a certificate of entitlement (or refusal if unsuccessful but this is quite rare as long as you have filled in all the forms correctly). The certificate states that the judge has held that the marriage has broken down e.g. because of the respondent's unreasonable behaviour or adultery etc and decree nisi will be pronounced on x date. Once decree nisi is pronounced, you wait six weeks and then IF you have been able to settle finances with your spouse, apply for Decree Absolute. Again, this is ridiculously easy to apply for. Settling the finances is not so easy, nor is putting the agreement into the form of a consent order which has to be sealed by the court. You can certainly get your divorce without agreeing the finances or having the consent order but it is wise to deal with them, and I would recommend you consult a solicitor at least to deal with this aspect of the divorce for you.
Sorry this was a long one but hope it answers your question!
2006-09-21 09:44:08
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answer #1
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answered by Specsy 4
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the only reason for allowing divorce in the UK is to prove that your marraige has 'irretrievably broken down.' The courts accept one or more of the following reasons.
Adultery
Unreasonable behaviour
Your partner deserted you at least 2 years ago
You have been separated for at least 2 years and both agree to a divorce
You have been separated at least 5 years (no need for both to agree to the divorce)
2006-09-21 10:40:12
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answer #2
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answered by good tree 6
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Married and living apart more than two years??? - if former partner agrees can apply for divorce by mutual consent.
If living apart more than five years can apply for divorce which would be granted irrespective of whether former partner objected.
2006-09-21 10:20:50
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answer #3
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answered by ? 5
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Irreconcilable differences. That was the grounds I used for my divorce but that is in the USA.
2006-09-21 10:18:02
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answer #4
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answered by Anonymous
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Do what i did on 2 of my divorces let your best friend move in and in a couple of weeks you can catch them together in bed and Hey Presto instant grounds for divorce
2006-09-21 10:18:06
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answer #5
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answered by colin050659 6
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You have to establish proof of atleast one of the following.
• Adultery of the other spouse;
• Unreasonable behaviour of the other spouse;
• Desertion by the other spouse after two years;
• Separation with consent after two years;
• Separation without consent after five years.
2006-09-21 10:18:25
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answer #6
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answered by C K Platypus 6
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Adultery, irreconcilable differences, separation, desertion, unreasonable behaviour ... these are the main grounds
If you fancy a go at the adultery one ............. lol ;-)
You'll have to get him to admit to some of them or prove some of them to the courts - you can't just go to a solicitor and ask him to get you a divorce!
2006-09-21 11:05:31
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answer #7
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answered by Marinersfan 5
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your not giving us much to go on my dear....be more specific.....if you have fallen out of love then you cant really divorce him for that, but you can seperate, if he is cheating on you, then you can divorce him on the grounds of adultery, if he is not making an effort in the house and with the children then you an divorce him on the grounds of deminished responsibility...you have to be more specific hun....i cant help answer this otherwise
2006-09-21 10:20:20
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answer #8
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answered by Anonymous
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Unreasonable behaviour
2006-09-21 10:17:16
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answer #9
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answered by Anonymous
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I don't want to be here anymore
I don't like , love you anymore
you feet stink
Now it seem that their no ground expecially if no children is involve
If you guys have children you mind refraim from giving jsut any reason
Good luck
2006-09-21 10:18:46
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answer #10
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answered by waiting for baby 6
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