A petition for divorce can only be presented after 12 months of marriage and in order to obtain a divorce, one of five facts must be proven to establish the only ground for divorce- irretrievable breakdown. The five facts are desertion, 2 years separation with the consent of the other party, 5 years separation, adultery and unreasonable behaviour. If there is a separation within the first 12 months of the marriage a judicial separation can be entered into, setting out the terms of any agreement with respect to the financial aspects of the divorce and such terms can be incorporated within an Order once a Petition for Divorce is issued at a later date.

Following the introduction of civil partnerships pursuant to the Civil Partnerships Act 2004, in the event of a breakdown of a civil partnership, either party may apply to the Court for an Order in relation to the title or possession of property in which either party claims an interest. It is not possible to make an application for dissolution of the civil partnership until one year has passed and the same facts can be relied upon as relate to the seeking of a divorce, although for the dissolution of a civil partnership, adultery cannot be relied upon.

There are certain exceptional circumstances enabling someone to apply for the marriage to be declared void, for example, where the marriage has not been consummated or if the marriage was entered into as a result of undue influence. An application for an annulment of the marriage can be made at any time after the marriage.

It is essential that satisfactory arrangements are made with respect to the children of any marriage and at all times the interest of the children are of  paramount concern. It is only necessary to apply to the Court for an Order relating to the children, if there is a dispute, otherwise it is in the best interest of the children for amicable arrangements to be entered into between the parties, if necessary with the assistance of their solicitors to avoid unnecessary and costly Court proceedings.

In addition to applying for Orders in relation to contact between the children and the non-resident parent, an application can be made to the Court with respect to a specific issue Order if, for example, there is a dispute relating to the education or religion of the child and also an application can be made to the Court if there is concern that a child may be removed from the jurisdiction of the English Courts.

In order to advise properly with respect to a fair and reasonable distribution of the matrimonial assets, it is normally necessary for each party to prepare a statement setting out their financial affairs and once this has been exchanged, every effort is made to agree a settlement, in order to avoid unnecessary costs being incurred.

It is now more common for pre-nuptial agreements to be entered into before parties get married. It is essential that both parties are legally represented by separate firms of solicitors and the agreement is entered into within a reasonable period of time before any marriage is entered into and that each party provides to the other full details of their financial assets.

Please note that as the Law presently stands, a Pre-Nuptual Agreement does not bind the court - nevertheless, where there is a fairly drawn and independantly advised agreement in place, the Courts will often take note of the agreement when considering the terms of a financial provision Order.

In circumstances where the parties do not want to enter into a divorce or a formal judicial separation, it is possible to draft an agreement setting out any financial settlement agreed, in order to provide some security and certainty for the parties without the need for the formal dissolution of the marriage.

We believe in seeking to resolve disputes in an amicable and non-contentious manner if possible, in accordance with the Family Law protocol and with a view to minimising the stress following the breakdown of a relationship.

Please feel free to contact us to discuss further and arrange an initial consultation at a reduced rate.

 

• Divorce and Judicial Separation
• Dissolution of Civil Partnerships
• Annulments
• Disputes with respect to children, including parental responsibility
• Contact and residence
• Financial aspects of divorce/separation
• Pre-nuptial Agreements
• Separation Agreements