The legal process

Living Together?

If you have been living together but are not married then visit the Living Together pages to find out about your rights.

If you and your partner have decided to split, it's important to get early legal advice from a Resolution solicitor. You will find that the sooner you know what you can expect from the process, the sooner you will be able to start planning.

Some lawyers will offer a free or fixed fee first meeting to discuss your circumstances, outline your options, and advise whether you are eligible for legal aid. Your solicitor may suggest you consider mediation or using collaborative law. These options are usually only available at the start of the process so it’s important to get early advice.

NB: The process for dissolution of civil partnership is the same as for divorce. Where the term “divorce” is used on these pages it should be taken to include dissolution of civil partnership. The only exception is adultery which is a specific legal term relating to heterosexual sex and which cannot therefore be used as grounds for dissolving a civil partnership. If your partner is unfaithful the grounds for dissolution would instead be unreasonable behaviour.

Ask the expert: Resolution's Nigel Shepherd on divorce

First step: reasons for the divorce

To get a divorce in England and Wales, you need to show that you have been married for more than a year and that the marriage has broken down.

If you want to get a divorce you have to prove that your marriage or civil partnership has broken down for one of these reasons:

  • That your spouse has committeed adultery and you find it intolerable to live together
  • Unreasonable behaviour (that your spouse has behaved in such a way that you can’t be expected to live together)
  • That your spouse has deserted you for at least two years
  • That you have been living apart for two years and your spouse also wants a divorce
  • That you have lived apart for five years.

The reason for the breakdown of the marriage forms the basis of the divorce application, known as the "petition". Your solicitor can advise on which is most suitable to your circumstances.

Next steps: ending the marriage

Ending a marriage is a legal process and you must follow a specific process. See the diagram on the right for more information. This stage begins with the filing, in your local county court, of a divorce petition by one or other of you. Alongside that process you and your partner will need to work out arrangements for any children and sort out your family finances and housing arrangements.

Find out more

More detailed information on the legal process can be found via our legal process FAQs.