You may have read that the legislation governing divorce in UK is undergoing some changes if you are thinking about beginning the divorce process. Nevertheless, this does not suggest that you are required to wait before beginning the divorce process, nor does it imply that doing so would be in your best interest. An attorney from Solent Family Mediation Brighton covers the five legal reasons for divorce in this post. The article may be found here.
Brighton attorneys specialising in divorce from Solent Family Mediation
Solent Family Mediation Brighton is able to provide assistance with all aspects of family law, including the procedures for divorce and separation, the establishment of child custody and visitation schedules, and the pursuit of financial settlement counsel. Please call Solent Family Mediation Brighton at 0238 161 1051 or fill out our online enquiry form if you require assistance with family and private client legal concerns.
The top five causes of marriage breakdown
An attorney specialising in family law will tell you that, in a legal sense, there is only one reason for getting a divorce in Uk and Wales, and that reason is the irretrievable dissolution of the marriage. According to the laws that are now in place, in order to demonstrate that your marriage has ended irretrievably, you must establish one of the five grounds for divorce.
The following are the five specifics:
- Unfaithfulness or
- Behaviour that is unreasonable or
- Either two years of living apart with the agreement of the other spouse to end the marriage, or
- Absence or
- If you and your spouse have been living in separate residences for at least five years, your spouse is not required to provide permission for the divorce to proceed.
How exactly does one go about proving that there are valid reasons to file for a divorce?
The possibility of beginning the divorce process and being required to demonstrate unreasonability or adultery causes a great deal of embarrassment for a great deal of people. Similarly, if you are the one who has been served with a petition for divorce, it is not pleasant to ponder the possibility that you have been accused of behaving unreasonably or of cheating on your spouse. You may also be concerned about how the process of getting a divorce may impact the terms of your financial settlement and the arrangements you make for child care.
It is not nearly as difficult or tough to demonstrate that you have grounds for divorce as you would imagine, according to experts who specialize in family law. It is no longer essential to hire a private investigator and have them go to a hotel in order to get evidence of infidelity. If you want to start the divorce process on the basis of adultery, all you have to do is state in the divorce petition that your husband or wife has committed adultery with a person whose identity you would prefer to keep confidential and that your marriage has irretrievably broken down. This is all you need to do to start the divorce proceedings. The party who is responding to the divorce petition is just required to acknowledge that adultery had place; they are not need to provide any other details.
Importantly, if you get a divorce on the grounds of adultery or unreasonable behaviour, the reasons for the divorce will seldom be relevant in the child arrangement order or divorce settlement proceedings. This is because the infidelity or unreasonable behaviour was the cause of the divorce. For example, if divorce proceedings are started because of unreasonable behaviour and one of the accusations is that the person who is responding to the divorce petition has physically harmed the child, then the child’s best interests need to be protected. This allegation is relevant to any dispute that involves the custody of a child. You are not compelled to fight the divorce processes, however, if you are in agreement that the marriage has irretrievably broken down. This is true even if the divorce petition contains an accusation with which you disagree.
When do the steps of getting a divorce get contentious?
Since it is possible to agree to divorce without admitting all the claims of unreasonable behaviour or going into great detail regarding infidelity, the majority of divorce cases are uncontested. This is because it is possible to agree to divorce without admitting all the claims of unreasonable behaviour. In any event, it does not make much sense for the majority of people to contest the divorce procedures if they are aware that their marriage has irretrievably broken down and that the divorce petition does not impact the financial settlement or the child custody arrangements. In these circumstances, it is unlikely that they will choose to contest the divorce procedures.
Why should one consider seeing a divorce attorney?
It is easier to get a divorce under the current law than many people believe, and divorce solicitors recommend that you seek legal advice in order to ensure the following:
- You do not automatically assume that you should not begin divorce proceedings now and instead wait until you can begin a no-fault divorce when the new law goes into effect;
- You protect yourself, if necessary, by beginning divorce proceedings as soon as possible. You should not automatically assume that you need to contest divorce proceedings based on adultery or unreasonable behaviour because the petition is unlikely to affect the financial settlement or child custody arrangements. For example, if you suspect that your husband or wife is hiding money from you or transferring assets to other family members, or if you are concerned that your spouse is spending excessively or is at risk of bankruptcy, you should not assume that you need to contest divorce proceedings based on adultery or unreasonable behaviour. You also have the ability to maintain the right to dispute any false charges that may be made throughout the proceedings of the court about the financial settlement or the child arrangement.
- You are aware of the various alternatives to divorce, such as the fact that even if either your husband or wife has committed adultery, it is possible that you will not be able to file for divorce on the grounds of adultery if the two of you continued to live together as a married couple for at least six months after the adultery was committed and you were aware of it. If you and your spouse have lived together in the same family home for two years, you can still get a divorce on the grounds of separation if you have lived “separate and apart” within the same household and your spouse agrees to the divorce. This is the case even if you have been married for two years
- In the event that it becomes necessary, you protect yourself by either postponing the beginning of the divorce processes or refraining from asking for the decree absolute of divorce right away.
- You have an understanding of the impaling nature of the impaling nature of the impaling nature of the impaling nature of the impaling nature of the impaling nature of the impaling nature of the impaling nature of For instance, the impact of your separation and divorce on your immigration status, if you are currently in the United Kingdom on a family visa; or the impact of your divorce on your tax status, as well as the tax treatment of the transfer of assets between you and your ex-spouse; these are just a few examples.
- The vast majority of attorneys who specialise in family law will tell you that it is essential to have a solid understanding of how the divorce you are going through will affect any financial settlement or child custody arrangement that you either agree to or seek the court to create.
Solent Family Mediation, Brighton divorce solicitors
The helpful divorce lawyers at Solent Family Mediation in Brighton are here to assist you with the processes of separation and divorce, as well as child custody and visitation, and financial settlement matters.
Solent Family Mediation Brighton may be reached at 0238 161 1051 or through our website’s contact form for legal advice about family and private client matters.