Divorce and Separation

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Divorce and Separation

Divorce Solicitors London and Manchester

To get a divorce or dissolution of a civil partnership in England and Wales, you must have been married/in a civil partnership for at least one year. You must prove the marriage has irretrievably broken down. The facts you must prove are referred to as grounds for divorce.
*We will use ‘partners’ to refer to spouses and people in civil relationship*

They are:
• Unreasonable behaviour
• Adultery (except in civil partnership)
• Desertion
• 2 years separation with consent.
• 5 years separation when the other party did not consent.

Unreasonable behaviour
This means your partner has behaved in such a way that you cannot live with them anymore.

This is when your partner has had sexual intercourse with another person of the opposite sex, and as a result, you find it intolerable to live with them. You can only use this ground if there was sexual intercourse.

This refers to where your partner leaves you for a minimum of 2 years consecutively, and without your consent to bring an end to the relationship.

2 Years separation
2 years separation must be continuous years and with both consents.

5 Years separation
If you have been separated for at least 5 years. You can apply for divorce without your partner’s consent.

Divorce can be straight forward if you satisfy all the grounds you are relying on, your partner does not contest, and if other issues such as that of children and finances are either agreed amicably between you and your partner or are not applicable in your case.

On the other hand, it can be very stressful and complicated that you will need legal advice and help in the process. Our experienced solicitors in Manchester and London offer high quality advice and legal representation at affordable rates/charges. We understand your situation and needs. We treat every matter seriously.

What you need to start divorce proceedings.
If you have been married or in a civil partnership for at least one year and you satisfy the grounds for divorce.

You will need:
• Your partner’s full names and address
• Your original marriage certificate or a certified copy. Where necessary, you will provide a translated copy.
• Proof of any name change if you have changed it since you got married.
• £550 court fee. This money is paid to court, and it is not your lawyer’s fee. if you are using a lawyer, speak to them about any other fee that you will have to pay to them.

Hiring divorce solicitors
If you are considering a divorce, or separation. Here at Hazelhurst solicitors, our experienced divorce solicitors in our London and Manchester offices will assist you with all the legal aspects of your divorce. We understand that divorce can be emotionally demanding irrespective of whether you are the petitioner, or the respondent and it has a lot to take into consideration. Sorting out issues such as financial settlement, arrangement for children and division of assets can be very stressful.

Here at Hazelhurst solicitors, we offer high quality legal advice and support at unbeatable rates. We will represent you in all aspects of your divorce up to the final order.

Child arrangement matters
During divorce and separation, children’s welfare is always the paramount consideration. If the parties to the divorce cannot agree on issues concerning a relevant child, the court can make a range of orders:

Parental responsibility order.
This gives parental responsibility for children to someone. It gives them legal rights and responsibility for the child. It includes matters such as: care, control, discipline and protection.

Section 8 orders(There are 3 types)

Child arrangement order : This settles who the child will live with and when, and where the child will see a particular person- usually a parent.

Specific issue order : This relates to ‘specific issues’ it decides about the child’s upbringing such as education and medical treatment including whether for example the child should be circumcised. Recent cases have included vaccination.

Prohibited steps order : This is an order that stops a person from doing something.
to or with a child. E.g., removing a child from his/her school or taking them abroad.

Other orders you can obtain are:
• Activity directions/conditions and enforcement orders.
• change of name, removal from jurisdiction.
• family assistance order.
• barring order.
• financial orders.

No Fault Divorce
Divorce, Dissolution and Separation Act 2020 will come into force on 6 April 2022. It will be possible to divorce without apportioning blame to one party or waiting for two years separation. Bear in mind, that some of the terminologies in divorce law will change. The ‘petitioner’ who is the person who applies for divorce will become the ‘applicant,’ ‘Decree Nisi’ will become ‘a conditional order’ and ‘decree absolute’ will become ‘final order.’

Our matrimonial law Solicitors deal with all aspects of divorce and separation, from guiding you through mediation to final settlement or court judgment as the case may be. We receive instructions from both petitioners and respondents.
Ring our team on 0161 669 5079 or send us an email for a quick review of your case.