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Deciding to divorce is a big step for anyone so it is important to fully understand the divorce process and your rights.
You will need to make sure that you can get a divorce as certain criteria must be met:● you must have been married for a year● your relationship with your partner has permanently broken down● your marriage is recognised legally in the United Kingdom● the United Kingdom must be your permanent home.
When seeking a divorce you will need to explain why your relationship with your partner has irreparably broken down. One of the 5 following ‘facts’ must be established:
Adultery – this is when your husband or wife has sex with someone else of the opposite sex. As divorce law currently stands, if your husband or wife has sexual intercourse with someone of the same sex as them, it is not currently classed as adultery. Adultery can only be used as a ground for divorce in the 6 months after you found out.
Unreasonable behaviour – this is when the behaviour exhibited by your husband and wife is so unreasonable you cannot be expected to keep living with them. Examples include:● Violence● Threats and verbal abuse● Excess alcohol and drug consumption● Not contributing to the household by refusing to pay towards expenses incurred by both parties
Desertion – if your husband or wife has deserted you for 2 years that can be used as grounds for divorce.
2 Years of Separation – If you and your partner have been separated for 2 years you can use that as grounds provided that your husband or wife agrees in writing. This does not necessarily mean that you had to be living apart for those 2 years. All you have to show is that you are not living together as a couple. This could be established by showing that you are sleeping separately.
5 Years of Separation – If you and your partner have been separated for 5 years that can be used as grounds for divorce even if you husband or wife is not in favour of it.
A financial settlement is a legally binding document between two parties whose relationship has come to an end. This document focuses on the wealth and assets of the parties and how they should be divided now that the relationship has ended. A financial settlement will usually focus on the following:
● The family home and any other rights to property● Major assets such as the family car● Stocks and shares
The financial settlement can also cover international assets while also establishing responsibility for any debts and liabilities. A court will only intervene if an agreement cannot be reached and will try to determine the fairest outcome for each party. At Family Law Birmingham we will work tirelessly to avoid court action and negotiate to get the best result for you but we are have extensive court experience which we can utilise effectively to get the best result for you and your family.
If you need expert advice on divorce then contact Family Law Birmingham on 0121 817 2076 to speak with our experts. Alternatively you can complete our online enquiry form and a member of our team will contact you.
When you deal with us, you know you are dealing with solicitors you can trust. We have vast experience in dealing with divorce cases, as well as other areas of family law, including:
Our experience in all areas of family law makes us experts when it comes to dealing with divorce. We provide the best and most reliable experience in Birmingham so contact us today to see how we can help you with proceedings.
Whatever your grounds for divorce are you should seek legal advice to assist you through the divorce process. At Family Law Birmingham we have the determination and legal knowledge to help you get the nest outcome for you and your family.
Contact Family Law Solicitors in Birmingham Today
Our team of dedicated family law experts are on hand to deal with any divorce issues you might have. We know how difficult going through divorce can be for you and your family. Our expert team endeavour to provide all our clients with a friendly, professional and reliable experience.
If you have any family law matters you wish to take care of then we suggest you contact us immediately. Speaking to a solicitor early in the divorce process minimises problems and ensures that you get the best outcome for your circumstances.
We ensure the impact on your life is minimal, and in particular disruption to any children under the age of 16 is negligible. If you wish to speak to a member of team today then do not hesitate to contact us.