There were 30,400 decrees absolute granted for the dissolution of marriage in the fourth quarter of 2010, an increase of one per cent compared to the fourth quarter of 2009.  This increase is the first for several years but obviously it is too soon to say that the year-on-year downward trend has gone into reverse. 

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I have no statistical evidence to support this, but my impression is that divorces based on two years' separation with consent are less common than they used to be.  If I am right, the reason may be the introduction of pension sharing ten years ago. 

If a couple decide to wait for two years before getting divorced, they enjoy the obvious advantage of avoiding a 'fault-based' divorce involving adultery or unreasonable behaviour.  Financially, they can get on and sort out their arrangements with...
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If you petition for divorce on the basis of your spouse's unreasonable behaviour but go on living together after you have filed your divorce petition, the court will disregard the fact that you have gone on living together.  It is still possible for the court to decide that "the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent".  However if you live together for six months or more after the most recent incident of unreasonable ...
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When you get divorced, there are usually two lots of legal costs that you have to pay: the costs of actually getting divorced (petition - decree nisi - decree absolute) and the costs of sorting out the finances (disclosure - negotiation - court order).  If there is a dispute over children, or there is an issue of domestic viloence, there will be additional costs in dealing with those matters as well. 

Unless there are no finances to sort out, or they're very simple indeed, sorting out the fina...
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An order for costs is a court order requiring a party to pay the other party's costs.  The order can be to pay all the other party's costs, or a proportion of them, or it can be to make a contribution of a fixed amount.

In divorce cases, there are usually two separate lots of costs: the costs of the divorce itself (the 'main suit') and the costs of dealing with financial matters ('ancillary relief').  

If a divorce petition is based on adultery or unreasonable behaviour, the petitioner may ask ...
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Prayer

To pray is simply to ask.  

 The prayer in a divorce petition is the part where the petitioner asks the court what he or she wants the court to order.  Typically this will be that the marriage be dissolved and that various financial orders be made.  There may also be a request that the court order the respondent to pay the petitioner's legal costs of the divorce - a 'prayer for costs'.

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Decree nisi

The court order dissolving a marriage is called a decree, and is made in two stages.  The first stage is the decree nisi.  'Nisi' is Latin for 'unless'.  When a judge pronounces the decree nisi in a divorce case, s/he is saying that the marriage is to be dissolved unless something, for example the appearance of new evidence, happens to change the situation.

A few years ago the government of the day decided to modernise divorce procedure.  'Decrees' were to be replaced by 'orders' an...
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Reply:

If the Respondent files an Answer after receiving the divorce papers (thus turning it into a defended divorce), the Petitioner is allowed to comment on the Answer in a document called a Reply.  

Unless the court decides otherwise, there are no further pleadings, just Petition - Answer - Reply.

Don't forget that that the vast majority of divorces are undefended, so in mosts cases there's no Answer or Reply at all.
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A married couple who separate sometimes agree to get divorced but not  straight away.  This may be for a variety of reasons, but often it is because they have agreed to divorce on the basis of two years' separation with consent.  In this situation it is nearly always best for the couple to enter into a separation agreement, also known as a deed of separation.

The agreement usually contains a provision that if, after two years' separation, either party petitions for divorce on the basis of two ...
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Answer:

If a person is served with a divorce petition and wants to defend the proceedings, the document they submit to the court is an Answer.  

Most divorces are undefended, in which case there is no Answer.

Typically, an Answer states that the marriage has broken down irretrievably but asserts that the reason for the breakdown is unreasonable behaviour or adultery on the part of the petitioner.  Details ('particulars') of the behaviour or adultery are usually given, and the Answer usually co...
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Greetings

A normal week this week - both Alastair and I will be in the office, with appointments from time to time but no significant absences from the office.

Divorce and separation are sensitive, highly personal matters and we always keep your information confidential.  Alastair and I are the only people in the office - we have no staff at all, so there are no receptionists, secretaries, assistants or even cleaners who might inadvertently, or out of curiosity, see your file.

This week's word i...
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Petition:

As a noun, the document that starts divorce proceedings.  The petition provides the court with certain information required by the rules and states what the petitioner is seeking,  including the dissolution of the marriage, any orders (in outline only)  to do with finances or children and perhaps an order requiring the respondent (the other spouse) to pay the costs of the divorce.

As a verb, to start divorce proceedings by filing a petition at the court. 
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