Divorce Lawyer
Unfortunately, many marriages end unhappily, and when this happens both sides need expert advice from a divorce lawyer to ensure that they get the best possible deal. This is particularly true when the following are involved:
- Children
- Money
- Property
- Other financial issues like savings, debts and pensions
As the end of a marriage can be bitter and result in many arguments, it is often better to let any negotiations take place between the professionals who will be able to give the best legal advice given the circumstances.
Separation
The first stage of a divorce is separation, where both parties live apart. Even if the couple do not want to divorce at that time it is a good idea to consult a divorce lawyer who will be able to give advice on the legal side of the separation. One common option is a Deed of Separation, which specifies the agreed plans for the finances and other matters. Once a couple are living apart, the Inland Revenue and the Benefits Agency class them as separated.
Judicial Separation
This alternative to divorce might be an option if there are religious objections to divorce. The court procedure is the same as divorce, but there it is not possible to remarry.
Grounds for Divorce
The court will only grant a divorce if you can show that the marriage has irretrievably broken down. Either party may apply to the court for a divorce after one year of marriage. At least one partner must have lived in the UK for one year. There are five grounds for divorce:
- Adultery
- Unreasonable behaviour
- Desertion
- Two years separation
- Five years separation
Over 70% of divorces are for the first two reasons. For either of them, the application cannot rely on individual events that took place more than six months previously. To use desertion as a reason, the other partner must have left without agreement and been gone for two years. You can use two years separation when both partners have lived apart for two years and both parties consent and five years separation after living apart for five years without the agreement of the other party.
A divorce lawyer will be able to recommend the best course of action given the individual circumstances. Once the court papers are submitted, the respondent has 28 days to decide if they want to defend the divorce. At the same time, the court will require a statement or arrangements for each child under the age of 16. After this period, the court will require a sworn Affidavit to confirm that the documents are true. Normally, a solicitor will assist with this matter.
The divorce process usually takes between five and eight months but complex cases can take longer to resolve.
Decree Nisi
This is the first of the two decrees of divorce and the court pronounces this on a fixed date. Neither party is required to attend for it. A decree nisi signifies the grounds for divorce are proven and that the due process has taken place.
Decree Absolute
Once six weeks and one day after the Decree Nisi pass, the petitioner can apply for the second and final decree of divorce. This is the Decree Absolute and there is no hearing. Once it is granted, either party is free to marry again. The Respondent must wait three months before applying.
When a marriage breaks down, it can take some time and many negotiations before the parties are able to move on with their lives. A good divorce lawyer will be fight to get their client the best possible results, although this will usually involve some degree of compromise.