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Divorce:

Divorce occurs when there is an irretrievable breakdown of the marriage.

When most people talk about divorce they are talking about the whole procedure of a married couple (for unmarried couples click here) splitting up and going their separate ways. In actual fact the word 'divorce' only applies to one part of that - the ending of the marriage that you both entered into at the wedding ceremony. The divorce itself won't sort out things like custody of children or any maintenance - those things are sorted out separately (but usually at the same time).

So just as you entered a formal ceremony to become married, you also have to go through certain procedures in order to become divorced. In the eyes of the law you can't get divorces for any old reason - there are only 5 reasons (or 'grounds') for divorce:-
• Adultery (This is voluntary sexual intercourse between consenting parties who are not married to each other but one of whom at least is a married person)
• Unreasonable Behaviour (This is when a married person has behaved in such a way that their spouse cannot reasonably be expected to live with them)
• Desertion (This is when a married person has deserted their spouse without their consent and the parties have lived apart for two years)
• Two Year Seperation with Consent (This is when a married couple have lived apart for a continuous period of 2 years and both parties consent to the divorce.)
• Five Year Seperation (This is when a married couple have lived apart for a continuous period of at least five years)

Your personal circumstances and a number of factors will be taken into account when resolving divorce disputes including:-
• The income and earning capacity of each party
• The finacial needs, obligations and responsibilities of each party
• The standard of living during the marriage
• Any physical or mental disability of either party
• Contributions made by either party
• The conduct of both parties

We will ensure that your case is dealt with consideration to both parties, efficiently and quickly. Every case is different but generally they are resolved within a four to fourteen month period.

The division of finances and property are often the area that causes the most worry. You will no doubt have a number of questions such as:-
• What happens to the family home?
• How will I afford the mortgage?
• Will the house be sold? If so, how will the proceeds be divided?
• Will the house be retained as a home for the children?

There are a number of types of orders that can be made, such as:-
Property Adjustment orders:
• this will determine what will happen to any property, namely the family home.
Lump Sum orders:
• this will confirm how any capital assets should be divided.
Pension order:
• consideration will need to be given to any disparity between the parties pensions.
Income/Maintenance orders:
• this will determine if it is appropriate for one party to be paying the other party maintenance.

For further information please contact our