In England and Wales, anyone married for more than one year can start divorce proceedings on the grounds that the marriage has irretrievably broken down.  To establish this, the person applying for the divorce (called the petitioner) must prove one of five factors, which are:-    That the spouse (also known as the respondent) has committed adultery and the petitioner cannot be expected to continue living with them;     The spouse has exhibited unreasonable behaviour and the petitioner cannot be expected to continue living with them;     The spouse has deserted the petitioner for a period of two years;     The petitioner and the spouse have been living separately for more than two years and both parties agree to a divorce;     The petitioner and the spouse have been living separately for more than five years, whether or not the spouse agrees to a divorce.

A judicial separation differs from a divorce in that the parties remain legally married but will not have to live together. The petitioner applies for only a decree nisi, whereas with divorce they must apply for the decree nisi and then a decree absolute.  There is no need for the couple to have been married for 12 months as with divorce, although the petitioner must still prove one of the five factors.

Obviously, it is advantageous for the petitioner - who is the wife in 79.0% of cases - to obtain the respondent’s agreement for the divorce so as to reduce conflict and animosity during the proceedings. They can then base the application on the respondent’s unreasonable behaviour, but give only a brief outline of such behaviour. 

At the time of submitting  the petition, the petitioner will also have to include a Statement of Arrangements form with reference to any children, showing whether the parties have made satisfactory arrangements for them. (The form should be sent to the partner to be agreed prior to filing with the court).   However, if the judge is not satisfied he can arrange a Children's Appointment, where the person caring for them will explain the arrangements to the judge.

Any existing Wills involving both parties should be changed as a result of divorce proceedings, even before the divorce is finalised.   Otherwise, existing provisions will continue after the divorce and be put into force in the event of a death.  These may well no longer reflect the wishes of either spouse and could have implications for life assurance payments, etc.  Both parties should take legal advice when deciding to change their Will during divorce proceedings.

With divorce there are two decrees, the first being the decree nisi. After this, the petitioner must wait at least six weeks and one day before applying for the decree absolute. When this has been granted, the marriage will come to an end and both parties are free to marry again.