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Divorce Lawyers - Bross Bennett Solicitors
The breakdown of a relationship is an upsetting and emotional time. There are many practical and legal issues which we will be able to help you deal with. All clients have their own individual problems. Our extensive and expert advice is wholly focussed on helping you through these difficulties. You will find us sympathetic and sensitive to the issues you are facing. Most importantly, we support you with practical and clear advice to deal with these issues and the decisions you have to make throughout. You will find us robust in our dealings with other professionals on your behalf. Our absolute commitment is to keep in mind the best outcome for you, and your children. If you believe your marriage has broken down, you may want to consider whether or not to start divorce proceedings, or for same sex couples you may want to dissolve your civil partnership. Come and talk to us. Often we help our clients make decisions about whether or when to separate. We deal with many situations which are financially complex, whether the sums involved are substantial or not. One of our strengths is in dealing with difficult decisions concerning children, including cases with an international context. We can help if you need protection from violence or harassment. Some of us are trained as mediators and collaborative lawyers. We are all skilled and experienced negotiators. If you are affected
by the situations we describe, and want further help, contact Ruth
Bross or Sharon
Bennett. London Divorce Law Solicitors
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Divorce procedure Bross Bennett Solicitors
Divorce proceedings are started by filing a divorce petition at court.
The Grounds for Divorce
There is only one legal ground for divorce, which is that the marriage has irretrievably broken down. The person who starts proceedings, (called the Petitioner) must prove that the marriage has irretrievably broken down by establishing one of the following five conditions:
* Their partner (called
the Respondent) has committed adultery and the Petitioner finds it intolerable
to live with the Respondent.
* The Respondent has behaved in such a way (unreasonable behaviour) that the
Petitioner cannot reasonably be expected to live with the Respondent.
* The Respondent has deserted the Petitioner for a continuous period of at least
two years in the period immediately before proceedings are started.
* Both partners of the marriage have lived apart for a continuous period of
at least two years immediately before proceedings are started, and the Respondent
agrees to the decree being granted.
* Both partners of the marriage have lived apart for a continuous period of
at least five years immediately before proceedings are started.
The Divorce Procedure
The vast majority of divorces are undefended. Most people will acknowledge that a marriage has broken down. Generally, who petitions whom and the 'fact' on which the divorce proceeds are based aren’t really of consequence when dealing with the other issues that arise on the breakdown of a marriage, such as all the financial matters and the issues affecting the children.
How long will it take?
An undefended divorce will normally take between four to six months from the date of commencement to the decree nisi. The Petitioner then has to wait a further six weeks before applying for the decree absolute. It is quite usual not to apply for the decree absolute until the finances and other important matters have been sorted out. The decree absolute legally dissolves the marriage.
If the procedure is undefended neither partner has to attend court.
Ending a Civil Partnership
If you are a civil partner in a same sex relationship and your civil partnership has broken down, then you apply for the dissolution of a civil partnership. The process is very similar to that of divorce. The principal difference is that you cannot rely on the other person’s adultery as a reason for the irretrievable breakdown of your civil partnership.
Judicial Separation Proceedings
Judicial separation proceedings can be started on the same basis as a divorce petition. The difference between the two is that a judicial separation petition does not terminate the marriage. Neither partner will be free to remarry. Proceedings of this kind are most usually used only by people who have a moral or religious objection to divorce. They are fairly rare.
Some of us are trained as mediators and collaborative lawyers. We are all skilled and experienced negotiators.
If you are affected by the
situations we describe, and want further help, contact Ruth
Bross or Sharon
Bennett.
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