A divorce certificate is also known as a ‘decree absolute’ and it is this decree that finalises an application for divorce. In order to obtain a divorce certificate, a couple will have had to complete all the legal and procedural requirements to the court’s satisfaction and resolve any issues relating to marital assets and agree on the care of any children of the marriage.
Part of the legal and procedural requirement of divorce is to show that the marriage has irretrievably broken down. The burden of proving this lies with the applicant, who in divorce proceedings will be referred to as the ‘petitioner’. The applicant’s spouse will be referred to as the ‘respondent’. In order to show that the marriage has irretrievably broken down the petitioner must provide evidence to the court showing that one or more of the following factors are or have been present in their marriage:
- The petitioner’s spouse has committed adultery with a person of the opposite sex
- The petitioner’s spouse has behaved unreasonably towards the petitioner and because of this the petitioner should not be expected to continue living with them
- The petitioner has been deserted by their spouse for a period of two years
- The couple have been separated for a continuous period of two years and the applicant’s spouse consents to divorce
- The couple have been separated for a continuous period of five years
It must be noted that an affair with a person of the same sex would not constitute adultery. It would however, fall into the category of ‘unreasonable behaviour’. To gain a divorce certificate proof that one of the above has taken place is the essential first stage of the divorce process.
If you would like to know more about how to obtain a divorce certificate, then Contact Law can put you in touch with a local law firm with specialist divorce solicitors free of charge. So, if you have any questions or would like our help in finding local divorce solicitors please call us on 0800 1777 162 or complete the web-form above.
- Last Updated on 13/02/2012