Do I qualify for a divorce in England and Wales?

Please note that you cannot get a divorce until you have been married for at least one year and there are no exceptions to this rule. You may be able to issue a petition for judicial separation or nullity within this period, but you would need to speak to a specialist family law firm, such as josiah-lake gardiner LLP, if this is something you would like to find out more about.

It is not necessary to have been married in England or Wales to get a divorce here. However, if you were married abroad, you would need to prove that the marriage ceremony was valid.

Also, it is not necessary for either of you to be living in England or Wales when your divorce petition is issued. However, you will need to show that the English courts have jurisdiction to accept your petition.

You will need to prove that your marriage has irretrievably broken down by establishing one of the five grounds for divorce.

5 Years Separation
2 Years Separation with consent
2 Years Desertion
Adultery
Unreasonable behaviour

Before ordering our service, you will need to check that you have a sufficiently close connection to England and Wales to enable the courts to accept jurisdiction to deal with your petition.
 
In the typical situation, both parties seeking a divorce would be living in England and Wales, and would be UK nationals. If your own circumstances fit that description then don’t worry about jurisdiction, as the English courts would definitely be able to deal with your petition. It does not make any difference if your marriage took place abroad, so long as you can prove that it was a valid ceremony.
 
However, the English courts may still be able to deal with your divorce even if your circumstances are more complicated, for example if either you or your spouse - or even both of you - live abroad.
 
You should also make sure your spouse agrees that the divorce should take place in England and Wales, since our service would end if your spouse disputes jurisdiction when your petition is served.

If your situation is more complicated, click here for further information relating to how the issue of jurisdiction is decided.

Click on the links below for other helpful information.

The divorce process and the likely timescales
Children of the family
Financial issues arising from the divorce
Alternative dispute resolution
 

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