The family lawsystem used to refer to the laws, procedures and rules governing family mattersas well as the authorities, agencies and groups which participate in orinfluence the outcome of private disputes or social decisions involving family law. Such a view of family lawmay be regarded as assisting the understanding of the context in which the lawworks and to indicate the policy areas where improvements can be made.

The UK is made up of three jurisdictions: Scotland, Northern Ireland, and England and Wales. Each has quite different systemsof family law and courts. Familylaw encompasses divorce, adoption, wardship, child abduction and parental responsibility. Itcan either be public law or private law. Family law cases are heard in both County Courts and Family Proceedings Courts (Magistrates Court), both of which operate under codes of Family. There is also aspecialist division of the High Court of Justice, the Family Division which hears family lawcases.

A divorce in England and Wales is only possible formarriages of more than one year and when the marriage has irretrievably brokendown. Whilst it is possible to defend a divorce, the vast majority proceed onan undefended basis. A decree of divorce is initially granted 'nisi', i.e.(unless cause is later shown), before it is made 'absolute'. Relevant laws are:

MatrimonialCauses Act 1973, which sets out the basis for divorce (part i) and how thecourts deal with financial issues, known as ancillaryrelief (part ii)

Crueltyhas been made irrelevant. SeeGollins v Gollins [1964] A.C. 644

FamilyLaw Act 1996

ChildrenAct 1989

FamilyProceedings Courts (Matrimonial Proceedings etc.) Rules 1991

MarriageAct 1949

MarriageAct 1994

GenderRecognition Act 2004

Here is a rough outline of the undefended divorce procedure fromstart to finish:

1.    Filing of Divorce Petition & if necessaryStatement of Arrangements for the Children

2.    Documents issued by Court and posted to theRespondent

3.    Respondent returns Acknowledgement of Service tothe Court (if he/she does not you will need to consider Bailiff Service, DeemedService or other options)

4.    Petitioner completes Affidaviti in Support ofPetition and Request for directions

5.    A Judge will then consider all the divorcepapers and if he/she is satisfied issue a Certificate of Entitlement to aDecree and Section 41 Certificate (confirming he/she is content witharrangements for any children)

6.    Decree Nisi is granted

7.    Six weeks later the application can be made bythe Petitioner for the Decree Absolute.

From beginning to end, if everything goes smoothly and Courtpermitting, it takes around 6 months.

If there are any outstanding financial issues between the parties,most solicitors would advise resolving these by way of a 'Clean Break' Courtorder prior to obtaining the Decree Absolute.

There is only one 'ground' for divorce under English law. That isthat the marriage has irretrievably broken down.

There are however five 'facts' that may constitute this ground.They are:

1.    Adultery

?                   Often now considered the 'nice' divorce.

?                   respondents admitting to adultery will not bepenalised financially or otherwise.

2.    Unreasonable behaviour

?                   The petition must contain a series ofallegations against the respondent that the Judge considers serious enough thatthe petitioner cannot be expected to live with the respondent.

3.    Two years separation by consent

?                   both parties must consent

?                   the parties must have lived separate lives forat least two years prior to the presentation of the petition

?                   this can occur if the parties live in the same household,but the petitioner would need to make clear in the petition such matters asthey ate separately, etc.

4.    Two years desertion

5.    Five years separation

At .   We understand how distressing and difficult a Divorce can be and we are here for , . We deal with your case with sensitivity, confidentiality and understanding.