Family and Children

Divorce

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. It is important therefore, that if you are experiencing marriage difficulties, that you try to keep discussions polite and constructive between you and your husband or wife.

It is also important to consider taking specialist advice from a solicitor when you start to think about a divorce, particularly when children and financial provisions 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. We can provide you with this basic advice through our fixed fee interview which costs £75.00 plus VAT.

"Mediation" is an alternative way to deal with couples reaching their own agreements about children and money. A typical 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.

If after full consideration, you feel that you wish to end the marriage, then a divorce is necessary as the only legal way 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 the partners within the last six months

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

Desertion - one person has left the other (against that person's wishes) and the couple have lived apart for more than 2 years

Two Years' Separation - the couple have lived apart for two years or more and the person who is being divorced agrees to there being a divorce

Five Years' Separation - 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 can be a complicated business. Please contact one of our experienced team below, to discuss the best course of action for your situation.

If you know who you want to contact in the Family Law Dept.,
follow their link for details;

Iain White, Jane Anderson, Sandra Nunn or Carly Sullivan

Cozens-Hardy LLP is a limited liability partnership