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This information applies to England, Wales and Northern Ireland
To get a divorce in England and Wales you need to have been married for one year or two years in Northern Ireland and your marriage must be recognised as valid by United Kingdom law. You or your partner must be living in England or Wales when you apply for the divorce or one of you must have been living in England or Wales during the year before the application is made.
If your partner does not object to the divorce you can apply for an undefended divorce. If there are no children and no complicated property matters then you may be able to complete the divorce procedure without the help of a solicitor.
If your partner does not agree to the divorce, it is called a defended divorce and you will need the help of a solicitor.
A divorce will be granted by the county court if you can show the marriage no longer exists. Legally, this is known as the irretrievable breakdown of the marriage. The court will look at the evidence to prove that your marriage has irretrievably broken down. The court will accept any of the following as proof; adultery, unreasonable behaviour, desertion, two years separation with consent or five years separation.
Representation under the legal help scheme is not available for an undefended divorce but you can get help under the scheme for divorce-related matters concerning children, money and property. It is advisable to try to sort out matters of this kind as far as possible before going to court as this will reduce any legal costs that may have to be paid.
Representation under the legal help scheme may be available for a defended divorce. If you receive help under the scheme in a matter involving property you may have to pay part of the ‘winnings’ towards the costs and this can be expensive. Your solicitor should explain this to you and should try to keep these costs as low as possible.
For more information on help with legal costs in England and Wales, see Help with legal costs and in Northern Ireland, see Help with legal costs.
For more information on divorce, see Ending a marriage.
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