Divorce
DIVORCE LAWYERS IN BATH
Divorce
Thirty percent of marriages now end up in divorce. Whilst no one intends their marriage to end like this, sadly this is the case for many couples.
We, however, are not here to pass judgement. We want to provide you with sensible and practical advice that helps you get results and understand your options and exactly where you stand.
If you are thinking about getting divorced or separated, please read to find out whether you have fulfilled the legal requirements.
Divorce
To get divorced, you must have been married for a year of longer and show that your marriage has “irrecoverably” broken down. To show this, you will have to show that:
- Your spouse has exhibited unreasonable behaviour
- You have been deserted by your spouse
- You and your spouse have been living separately and both agree to a divorce
- Your spouse has committed adultery
Judicial separation
To be judicially separated, you do not need to have been married for a year or longer. However, you must show one of the facts outlined above.
The process
Where divorce or separation applications are not opposed and the relationship is still fairly amicable, the process through the courts is generally quick and painless. However, disputes can happen and when they do, it is best to try and mediate them out of court to save on costs and indeed stress.
After an application has been accepted and considered by the court, and any other lingering issues have been settled, a decree nisi will be issued, which states that the divorce will be finalised after six weeks and one day. After this period, a decree absolute will be issued. This states that the divorce is complete and that the couple are no longer married.
Child residence/contact issues
Where possible, it is advisable to try and come to a private arrangement with your former spouse when deciding where any children are to live and the conditions under which the non-resident parent can see their children.
Whilst disputes are common, they rarely go to the court. If, however, they do, and if the circumstances demand it, the court will issue a residence order stating where a child is to live and a contact order stating the conditions under which the non-resident parent can see the child.
The courts primarily base their decisions on what is in the best interests of the child. A CAFCASS (Child and Family Court Advisory and Support Service) office may be commissioned to write a report and help the courts come to an objective decision.
For further details please see our divorce frequently asked questions (FAQ’s page)