Name: Harthills Solicitors

Description: Do you need a solictor?
Whenever couples want a divorce, clear legal procedures need to be followed. A Solicitor can advise you about the law, prepare the necessary paperwork and advise you about related matters. Having a Solicitor will not increase the amount of bitterness in obtaining a divorce and this firm will also follow a policy of negotiation between parties wherever possible.

Who can apply for a divorce?
Anyone who has been married for 1 year can apply for a divorce provided one or other of the parties is domiciled here or has been resident in England and Wales the preceding year.

Grounds for divorce
There is only one ground for divorce in this country. That is, that the marriage has ?irretrievably broken down.? To satisfy the Court that there has been an irretrievable breakdown the Petitioner must prove one of the following five facts:

Adultery. If your spouse has committed adultery and admits it or you can prove it. If you live with your spouse for more than 6 months after finding out about the adultery it may be more difficult to get a divorce. If you have committed adultery and want a divorce you could ask your spouse to divorce you.

Desertion. If your spouse has deserted you for at least 2 years before applying for a divorce and they have not attempted to return in that time, you can ask for a divorce. This fact is rarely used.

Unreasonable Behaviour. If your spouse has behaved in such a way that you feel you cannot reasonably be expected to continue to live with him or her. The test is subjective and the Court will consider what is unreasonable to the Petitioner.

?Unreasonable behaviour? need not consist of extensive violence, drug or alcohol addiction or other extreme behaviour. A combination of less obviously unreasonable behaviour can be sufficient.

If you live together for more than 6 months after the last incident of unreasonable behaviour it may be more difficult to get a divorce.

Two year Separation. If you have been separated from your spouse for 2 years and you both agree that the marriage has broken down and consent to a divorce.

Five year Separation. If you have been separated from your spouse for 5 years. Your spouse does not have to consent to the divorce.

Every divorce petition contains the same basic information (e.g. names, addresses, date and place of marriage). It will also contain a statement stating that the marriage has irretrievably broken down and the fact relied upon with details.

In most cases there is no need to go to Court. You do not have to be present when you are granted a divorce. You may only have to attend Court if the divorce is defended or if you are contesting a claim for costs made against you.

The normal time estimate for a divorce is approximately 6 months. It is very hard to be precise. There is no guarantee that your divorce could be dealt with within this time. Quite often, it depends on factors outside our control.

If your spouse has applied for a divorce and you do not agree, you can try to defend the divorce petition. This is difficult and Public Funding is not normally available. It will also involve attending a Court hearing. Please ask if you require more details.

A form is sent to the Court with the divorce petition that sets out the arrangements for the children. It is better to try and agree the arrangements with your spouse but if that is not possible the Court will make a decision for you. A Court is unlikely to interfere if matters are agreed.

Financial matters can be complicated and can sometimes involve houses, insurance policies and savings. We strongly advise you to seek legal advice on the most appropriate action for yourself. Often people are concerned that they will have to sell their house. This is often not necessary. If you cannot agree financial matters the Court will make a decision for you. This may include what will happen to the house.

Public Funding is available to apply for a divorce and also Court cases about children and financial matters. We will tell you if you qualify. If you do not qualify for Public Funding we will tell you more details about our costs and estimate the total costs of your case. We will regularly update you with details of our costs throughout your case.

Divorce proceedings can be stopped at any time before Decree Absolute. If you want to stop the divorce or just put it on hold for a short period, you should tell us immediately.

Alternatives to a divorce:

Judicial Separation. If you prefer to legally separate from your spouse without divorcing, you can apply for a Decree of Judicial Separation. This involves a Court procedure, which is virtually identical to a divorce. The essential difference is that the Court pronounces a Decree of Judicial Separation rather than a divorce and therefore you and your spouse would remain married.

Separation Agreement. Many couples prefer to reach an agreement about financial matters without involving any Court procedures when they separate. It is possible to prepare a written legal document that sets out the agreement that has been reached. Both parties then sign the document. There are no restrictions on what can or cannot be included in the agreement but it important to bear in mind that if either person applies to the Court about financial matters, the Court is not bound by the financial arrangements contained in the separation agreement.

We understand that the decision to apply for a divorce is very important and can be difficult. If you do not feel that your marriage is over there are a number of agencies, which will help with Marriage Counselling and Advice. We can put you in touch with one if you think that there is any possibility of reconciliation with your spouse.

In addition, you should consider mediation (negotiation) with your spouse, whether directly or through ourselves. We can offer a mediation service provided we have not already advised one of you or we can put you in touch with other mediators.

Often people disagree about the arrangements for a child or children in their care. The purpose of this page is to explain what kind of Orders the Courts can make in relation to children and the principles the Court use to resolve any disagreements.

The law relating to children is in the Children Act 1989. This firm also follows a code of practice recommended by the Solicitors Family Law Association.

The Children Act also introduced the concept of ?Parental Responsibility?. The legal definition of this is: ?All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property?.

In practice, it includes the right to decide where a child should go to school, what form of religious upbringing the child should have and what medical treatment the child should receive. Often it means, that schools, doctors, hospitals, Social Services, and other organisations may not deal directly with someone who does not have parental responsibility for a child or children in their care.

A child?s mother automatically has parental responsibility. A child?s father only has parental responsibility for that child if he was married to the child?s mother at the date of birth, or has since married the child?s mother.

It is possible for a father to obtain parental responsibility either by agreement with the child?s mother or by Court Order. In order to obtain parental responsibility by agreement, it is necessary to complete a form that has to be signed by the child?s mother and father in the presence of independent witnesses and that form then has to be lodged at Court. If no agreement can be reached, it is possible to apply for a Parental Responsibility Order from the Court.

Category: South Yorkshire

Url: http://www.harthills.co.uk/

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