Getting divorced in England and Wales the relevant laws
England and Wales relevant Divorce laws
Divorce is commenced by the issuing of a divorce petition, which must be acknowledged by the other party. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis. A decree of divorce is initially granted ‘nisi’ (unless cause is later shown), before it is made ‘absolute’. Relevant laws are:
- Matrimonial Causes Act 1973, which sets out the basis for divorce (part i) and how the courts deal with financial issues, known as ancillary relief (part ii)
- Cruelty has been made irrelevant. See Gollins v Gollins [1964] A.C. 644
- Family Law Act 1996.
- Children Act 1989.
- The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991.
- Marriage Act 1949.
- Marriage Act of 1994.