Divorce and Separation

At the present time, about a third of all marriages end in divorce. It is an extremely upsetting and distressing time, with often both sides feeling bitter and angry; marriage difficulties bring out the worst in most of us.

For that reason, if you are experiencing marriage difficulties, it’s really important to try to keep discussions polite and constructive between you and your husband or wife.

It is also vital to consider taking specialist advice from a solicitor when you start to think about a divorce or separation, particularly where children and financial provision are involved. A solicitor will tell you where you stand and help you work out your options - you will at least be able to go forward with proper knowledge of your legal position.

Here at Cozens-Hardy, our experienced team is able to provide you with this basic advice through our fixed fee interview, which costs £95 plus VAT.

‘Mediation’ is an alternative way for couples to agree the arrangement about children and money. Usually a mediation service will offer you and your husband or wife a series of meetings with a trained mediator. In these meetings you can talk about arrangements for the children and money and see whether you can reach any agreement. If you can, a note will be made of the agreement, and you will both be able to have it checked by a solicitor, before it is made binding. If this approach interests you, do consider the ‘Collaborative’ approach, details of which can be found on our Collaborative Law Fact Sheet.

If, after full consideration, you feel that you wish to end the marriage, then a divorce is necessary as the only legal way to achieve this. To obtain a divorce you must establish that the marriage has irretrievably broken down.

You cannot get a divorce just because both of you want one - one of the five facts below must be proved:

  • Adultery has been committed by one or other of you
  • One or other of you has behaved in such an unreasonable way that the other cannot be expected to go on living with that person
  • One person has left the other (against that person's wishes) and the couple have lived apart for more than two years
  • The couple have lived apart for two years or more and the person who is being divorced agrees to there being a divorce
  • The couple have lived apart for five years or more

As you may now appreciate, divorce is a very serious step to take in life and it can be a complicated business. Please contact us to discuss the best course of action for your situation.

To find out more, call us on: 01603 625231