Relationship Breakdown
If you think that you want to start divorce proceedings you must have been married for at least one year. You must also be able to show that your marriage has irretrievably broken down. You can do this by proving that your husband/wife has committed adultery; your spouse has behaved in such a way that you cannot reasonably be expected to live with them; your spouse has deserted you for 2 or more years; you have lived apart for a continuous period of 2 or more years and you both agree to the divorce or (if you do not both agree to the divorce) you have lived apart for more than 5 years.
It normally takes about 6 months from the date that the forms are sent to Court to get a divorce. Resolving financial or child-care issues, however, might take longer.
As divorce is dealt with largely through the post there is normally no need to go to court.
Just because you are talking to us does not mean you are headed for divorce. Our experienced and expert advisors can offer an impartial overview of your circumstances. It may be that we will be able to help you find a basis for a reconciliation. Three of our lawyers specialise in collaborative family law, which is a new way for divorcing or separating couples to work together with trained professionals to resolve disputes respectfully, without going to court. We can also recommend several sources of counselling and related services that might help to resolve problems within the relationship.
If you are unmarried but living together there are no formalities to ending your relationship. There may, however, be other issues relating to children or finances that you need our help with. These might include ownership and occupation of property; financial provision for children; parental responsibility and inheritance.
Domestic abuse can affect many relationships, whether between spouses, partners or relatives. We have a number of solicitors who are experts in this area of the law and will be able to provide you with quick and confidential advice about your options. If you feel unable to remain in your home and that the situation is urgent we can advise you on finding safe accommodation. The police have specialist domestic abuse units and will respond immediately to requests for assistance. The Courts also have wide ranging powers to protect the victims of domestic abuse and their children and we can help you to obtain an injunction from the Court to protect you, if necessary.
Sometimes parents are able to agree the arrangements for the children, but if this is not possible, then we can help to negotiate an agreement. We can refer you for mediation or, as a last resort, act for you in Court action. We will need to prove to the Court that the arrangements for their care are satisfactory. If there is a dispute to this the Court has considerable powers to resolve the arrangements and will always consider what is best for the children. If this is the case then a welfare officer will see the children, discuss the case with the parents, schools and, if relevant, other family members before reporting back to the Court.
Social Services will only take your children into care if you agree to them doing so or if they get an Order from the Court. To do this they need to have strong evidence that the children have suffered or are likely to suffer significant harm as a result of being in your (the parents’) care. If your children are taken into care then they still have the right to see their parents (although sometimes it is necessary to apply to the Court to enforce that right).
Most payments by parents for children are governed by the Child Support Act and administered by the Child Support Agency (CSA). To contact them or get more information click here. The CSA uses a set formula to calculate payments. As a guide, one child receives 15% of the absent parent’s income and 2 receive 20%, up to a maximum of 25%. We can help you to agree payments and discuss your options with you.
If you have doubts as to whether you are the legal owner of your home, please let us know immediately as we may need to protect your interest in it. As a rule, Courts look to provide a home for children until they are 18. This normally means that if you cannot buy two separate homes from the proceeds of the house then the parent who will look after the children will stay in the home, with the children, until they are 18. If there is sufficient value to provide a home for the children and release some capital then the Court could order the sale of the home, but there are a host of other factors (such as contribution to the asset, ages of the children, earning capacities etc) that are taken into account.
It’s not surprising that financial worries are at the top of everyone’s list of concerns. We can provide detailed information and advice on this area. As a place to start, however, you might want to consider keeping a close eye on any debts and your general financial health, to make sure they don’t get out of hand. Similarly, don’t sign anything relating to financial matters without first talking to us. Other areas we can advise you on include paying the bills, viewing your home as an asset and long-term settlements. Financial issues can take a long time to resolve and may delay your divorce application. We can apply to the Court to deal with financial matters but this application alone can take six to nine months so it is best to negotiate a settlement to save you time and money.
You may qualify for legal aid. We will assess this at our first meeting, so please remember to bring evidence of your income and savings. If you do not qualify for legal aid, then you will have to pay privately and we can discuss all the likely costs at our first meeting.
The first thing to do is to contact us to discuss all of your options. Remember, divorce may not be the only outcome. You can help us by not signing any papers connected with your divorce, the finances or your children before you speak to us.