Family, Matrimonial & Children

While considering a divorce there are two factors to consider. The marriage must have irretrievably broken down and this must be as a result of one of the five grounds set out below:

• Adultery
• Unreasonable behaviour
• Desertion for a period of two years
• Two years’ separation with the agreement of your former spouse
• Five years’ separation without the consent of your former spouse

However, the law is currently under review so the process may soon change.

For reasons such as religious, ethical or moral grounds, you may not wish to issue a divorce and instead a Legal Separation could be the right choice.

Alternatively a separation agreement could be prepared to deal with the financial issues and any issues concerning the children which in practice is frequently used.

With our advice we hope that you and your spouse or partner can come to an agreement in relation to issues concerning your children. If, however arrangements cannot be agreed, it may be necessary to involve the Court and any decision made by the Court will be based on what is considered to be in the best interests of the child.

However, with our assistance, and guidance either in negotiating terms, mediation or a round table meeting (which is often successful). Hopefully a Court Application can be avoided or an agreement is in place which is the best outcome for the children.

Dissolution is the legal term given to the process that brings a Civil Partnership to an end.  You have to be in a Civil Partnership for at least one year to apply to have the Partnership dissolved.

Again, the relationship will have had to have broken down irretrievably, as for a divorce and also as a result of the same grounds for divorce, save for adultery.

This is a complex and growing area – each case will be dependent on the facts of each case, including ascertaining legal ownership of property, contribution and intention.

We will be able to look at your individual circumstances and advise you on the best way forward.

Any financial settlement is unique and would be specific to your circumstances.  Hopefully this can be resolved by agreement and or Mediation, though if not a Court Application may be necessary to finalise the finances by way of a Court Order.  

It is important that a Court Order is obtained either by agreement or if a Court has to decide it, as a claim could be made in the future, if there is no Final Order in place as part of a divorce and even a claim can be made after death.

Any financial settlement is unique and would be specific to your circumstances.  Hopefully this can be resolved by agreement and or Mediation, though if not a Court Application may be necessary to finalise the finances by way of a Court Order.  

It is important that a Court Order is obtained either by agreement or if a Court has to decide it, as a claim could be made in the future, if there is no Final Order in place as part of a divorce and even a claim can be made after death.

We are transparent about costs involved and keep you updated on a regular basis. However it would be our intention in whatever capacity we are instructed to provide quality service and at reasonable cost.