Grounds for Divorce – 5 Things You Need To Know

GroundsForDivorceThink you may have grounds for divorce? There are five reasons for the breakdown of marriage or civil partnership you can rely on:

1. Adultery 
2. Unreasonable Behaviour  
3. Desertion 
4. Two Years Separation With Consent 
5. Five Years Separation Without consent

But read on because there are different rules for each reason …

1. Adultery

Adultery is sexual intercourse between a man and a woman.

If you are still living together, make sure you start your divorce or dissolution within six months of discovering the adultery. The third party (the “co-respondent”) is rarely named as little can be achieved.

Controversially adultery can only be with a member of the opposite sex. If you are in a same sex marriage or civil partnership, you will have to rely on unreasonable behaviour instead.

2. Unreasonable Behaviour

This is behaviour which you think is unreasonable. This can be very serious behaviour such as violence or other form of domestic abuse. Or it might be that your other half shows no interest in you, is unsupportive, or spends all their time at work.

But please take care. In the unlikely event your other half defends the divorce there can be problems if the Court doesn’t consider the behaviour serious enough. If you have any doubts at all take expert legal advice. See our post “Why You Need A Family Lawyer To Check Your DIY Divorce Petition”.

Timing is important. The unreasonable behaviour needs to have been within the last six months if you are still living together. Or perhaps the behaviour is continuing? In which case, timing is not a problem.

3. Desertion

A rarely used ground. Desertion is when your other half leaves you for two years without your agreement, and for no good reason other than to end the relationship. This doesn’t have to be a continuous period but must be within the last two and a half years. Up to six months of resumed living together doesn’t count.

4. Two Years Separation with Consent

Here there’s no blame. But patience is required as you will need to live apart for two years. You also need to know that your other half will definitely sign to say they agree to the divorce.

5. Five Years Separation without Consent

Another rarely used ground. If you have lived apart for five years and your other half doesn’t agree to a divorce, this is the reason you can rely on.

Contact Joanne Houston on 01962 217640 for free advice on the grounds for divorce. In this 20 minute session we will:

  • Discuss with you what’s been going wrong
  • Advise you of the most suitable wording for your divorce petition
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JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions. We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. This includes same sex couples and their families.

Visit our website just-family-law.com

The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

image: Tough Decision by Alex on Wikimedia Commons

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Financial Settlement On Divorce, How To Get The Best One For You – 5 FAQs

Financial Settlement On Divorce

  1. What’s The Best Way To Tackle Your Financial Settlement On Divorce?

By all means come to an agreement about the matrimonial finances between yourselves. But make sure you obtain advice from an expert family solicitor to ensure it’s a fair deal. This could save you money in the long term because the wrong financial settlement can affect the rest of your life.

Your solicitor should advise you of your options such as negotiation, mediation or collaborative law. But if these don’t work, Court proceedings might be the answer. Your solicitor will tell you how much these options are likely to cost.

  1. What Happens First?

All the matrimonial assets are utilised to provide a fair settlement for both of you. So you both need to provide information about every single one, whether owned in your joint names, or in your sole names:

  • The value of the family home (and any other property) and the size of the mortgage
  • Bank and building society accounts
  • Shares
  • Pensions
  • Any other investments
  • Debts

And you will both need to provide details of your income and outgoings, too.

  1. Which Assets Are Non Matrimonial? 

Can you protect your inheritance on divorce? How can you ring fence your business? How about property owned pre-marriage? You will need expert legal advice to answer these questions. But you must, first of all, disclose the existence of these assets, and their value.

  1. How Are Assets Divided For Your Financial Settlement On Divorce?

The starting point is equal division. But the Matrimonial Causes Act tells us we must also consider various factors, and any one of these could mean an adjustment to income or capital. The list of factors includes:

The Welfare Of Any Children
Income and Earning Capacity

The approach is to achieve a “clean break” between couples by capital adjustment rather than ongoing maintenance.

Financial Needs

If there are children, the parent with whom they live is likely to have a greater need for capital.

Standard Of Living During The Marriage

In rare cases where there is an excess of capital and income, this is an argument for a greater share.

Your Ages, And The Length Of The Marriage

There are different considerations depending on the ages of the couple, and whether it’s a short marriage or a long marriage.

Any Physical Or Mental Disabilities

This could be a case for ongoing maintenance, or extra capital.

Contributions To The Marriage

High achievers can attempt to ring fence their “stellar contribution

5.         Is A Court Order Required?

A Court order means if one of you changes your mind, or if one of you comes into money, there’s no going back for a second bite of the cherry. And it’s a relatively simple matter for a solicitor to draw up an order and to send it to Court. Ask for a fixed fee quote.

Contact Joanne Houston on 01962 217640 for free advice on your financial settlement on divorce. In this 20 minute session we will:

  • Review your matrimonial financial situation and how you can achieve your objectives
  • Give you an overview of how a suitable financial settlement may be achieved by either negotiation, collaborative law, mediation, or Court procedure

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions. We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. This includes same sex couples and their families.

Visit our website just-family-law.com

The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

image: Lady Judge in Boardroom by Lady Barbara Judge on Wikimedia Commons

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Make A Fresh Start In 2018?

The New Year is the opportunity to sweep your life clean, throw out bad habits and make a fresh start with the promise of a more fulfilling future. But if your marriage is in trouble, the Christmas holidays might have been the final straw. Is there anything to be done? There can be tremendous benefits from coaching and counselling if the festive season has put your relationship under pressure.

But if you’ve decided to draw a line under your marriage and to start your divorce, we can help.

Have you decided what you want for yourself, and your children?

We Can Help With Your Divorce …

… and guide you through the procedures and advise you how to stay out of Court.

We can advise you what is likely to happen.

You may be worrying about the family home and savings. And how pensions, or debts, or inheritances are dealt with. Perhaps you are keen to ring fence assets. Or maybe there’s a family business. So make sure you pick the right solicitor, a properly qualified professional who specialises in family law. A good indication is if they are a Resolution member.

What You Can Expect From Your Solicitor

In the long run a good family solicitor will save you time and money, and will obtain a better settlement for you than you can get on your own.

Contact Joanne Houston on 01962 217640 for free advice on divorce. In this 20 minute session we will:

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JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions. We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. This includes same sex couples and their families.

Visit our website just-family-law.com

The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

image: Jumping Woman by Exey Panteleev on Wikimedia Commons

 

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