Guide to Divorce
No one can predict that a relationship may end however, there can be events which occur that end in a couple officially ending their marriage. This is where our guide to divorce comes in.
Ending a marriage is a huge decision and can be an emotional time for all parties involved, this means that you need expert advice and a guide to divorce on how to properly proceed to get the best outcome without further emotional turmoil.
This guide to divorce should aid you to understand your options around divorce and inform you about the stages of divorce proceedings, when you can get a divorce and the grounds for divorce.
When Can I Get A Divorce?
If your relationship has declined and you believe that your only option is divorce then you will need to have been married for a full year as courts will not consider your request before this time.
The other consideration for a divorce is that your marriage is legally recognised in the UK. If this is not the case then there will likely not be a possibility of a divorce.
What If I Want A Divorce During The First Year?
If you are still within your first year of marriage but still wish to make a formal declaration of separation then you have some options.
- Legal separation: The courts can grant you a judicial separation which will declare that the couple is legally separated which is the alternative to a divorce. This will, however, leave you legally married and therefore you may wish to draw up a new will to state your wishes in light of the separation.
- Annulment: Annulling a marriage will create a situation in which the marriage never existed. An annulment can only occur if the marriage is found not to be legally valid. Reasons for annulment can be:
- Consent was not given
- Marriage was under false pretences
- Either or both partners were already married
- Marriage was prohibited by law
- A lack of mental capacity
- Either partner was under the legal age
If you believe that your marriage is applicable for any of these circumstances then you should instruct a solicitor for expert legal advice.
If you are unable to meet these criteria then you will need to wait until you are legally allowed to divorce. This will bring you to the next step in our guide to divorce which is meeting the grounds for divorce.
Grounds For Divorce
If you are wishing to apply for a divorce then either one or both of you will be required to state that your marriage has ‘irretrievably broken down’.
This sounds scary however divorces do not have to be a combative matter. Many divorces can be completed calmly without disagreements. When this is the case, most people will still use a family solicitor for advice and legal aid.
A great way to settle issues such as finances, property and child custody is through mediation. Mediation is often required through the courts before a divorce can proceed therefore this is a great step to take.
Mediators are professionals who can help couples to work out how to settle issues when they are separated. Your mediator should:
- Help you find the best solution to your issues with impartial advice
- Supply you with legal information
- Your mediator should draw up a memorandum of understanding which should contain the points on which you and your partner have agreed.
Once you have been through mediation with the other party, you will move on to further divorce proceedings.
If you decide that you do not want to proceed with a divorce straight away, you can make a separation agreement which can deal with many issues as you wish. You should seek legal advice from a solicitor if you are intending to sign a separation agreement as it could have long-term implications such as any decisions made in this agreement will be taken into account if you do seek a divorce in the future.
Starting Divorce Proceedings
Starting a divorce is a lengthy process which can be started by yourself, your partner or together if you agree.
We can handle your divorce, liaise with your former partner (or their lawyers) and ensure a smooth process. Along with sorting out financial matters and disputes following a marital breakdown. Whether this is to protect your own wealth or to meet your children’s current and future financial needs, we have significant experience in helping those in a similar position to gain a fair result.
Your unique needs are considered carefully, and your family’s welfare is always front-of-mind with our personal family advice.
When you are going through divorce proceedings, it is likely that you may come across issues such as disagreements based upon money or property which may need to be discussed by a court.
You may choose to represent yourself in such a case or instruct a family law solicitor to represent you. When possible, it is beneficial to agree with the other party on as much as possible but a solicitor can help you to get the best possible outcome if a situation turns sour.
Our Guide to Divorce Considerations
From looking at celebrity divorces, it may give a false image of what a divorce looks like and that the law is able to demand whatever it wants.
There are some key factors to consider when you are thinking about divorce:
- The law is not biased. A court will not favour a woman over a man or the other way around, the common mistake which needs to be understood is that both members of the couple can be asked to pay maintenance if the other party is dependent on them for money.
- Past behaviour is a factor in how the money is divided but generally speaking, it only counts if the person has been dishonest about money with the court or if the behaviour was extremely bad.
- Who applies for the divorce will not affect how your items are divided or how child arrangements are arranged.
Are you dealing with a divorce or considering starting divorce proceedings with your partner? Trust us to support you through this trying time. No matter your circumstances or needs, we take care of you with compassion and will give you further information to continue this guide to divorce.
Just ask Harry about the next proceedings in your divorce now.