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In England and Wales the only grounds for divorce is the irretrievable breakdown of marriage.
A Divorce is obtained through either a County Court or the Principal Registry of the Family Division in London. A divorce petition is issued through the chosen Court and in the petition there will be details of the facts which are the evidence for irretrievable breakdown of marriage. Under the Matrimonial Causes Act 1973, there are essentially 5 basic facts which will form the basis of a divorce petition
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Adultery
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Unreasonable behaviour.
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Desertion for a period of no less than 2 years.
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Separation for a period of no less than 2 years where the parties both consent to the divorce.
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Separation for a period of no less than 5 years where one of the parties does not consent to the divorce.
Divorce is a two stage process: decree nisi and decree absolute. On average it takes 4 - 5 months for a divorce to be finalised, but it can take longer if issues about chidren or finances have to be resolved before the divorce is finalised.
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