Divorce is the irretrievable breakdown of a marriage and has to be based on one of four possible grounds:
(1) The parties have been separated for one year, and both consent to the divorce. One spouse will raise proceedings and the other spouse must sign a form of consent.
(2) Situations can arise where one party does not wish to divorce. If the parties have been separated for two years however, no signed consent of the spouse is required.
(3) Unreasonable behaviour of one spouse. This can be used where the spouse seeking divorce is not prepared to wait for two years separation. Evidence of the unreasonable behaviour has to be produced which is verified by at least one supporting witness (this is quite wide and can include physical abuse, verbal abuse and habitual neglect of the family).
(4) One party has committed adultery. Private investigators can be hired to establish evidence of this.
For advice if your marriage has broken down and you feel you need an experienced lawyer, contact Wright & Co here, or telephone (0044) 131 467 5566
Wright & Co 5e Giles Street Edinburgh EH6 6DJ