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DIVORCE ADVICE

SEPARATION AGREEMENTS

HELPING FAMILIES IN STOKE FOR GENERATIONS

FAMILY LAW DIVORCE ON 01782 454166

Family law divorce is one of the most popular topics in the practice of family law in the UK. In fact, many people who are not aware of the family law divorce legislations and court rulings (jurisprudence) are actually under the mistaken assumption that we have the same type of divorce proceedings as that of the US. Actually, nothing could be further from the truth. While divorce is recognized as one way of ending the bond of marriage between two parties under UK Family law, the reality is that family law divorce in the UK is a totally different procedure when compared to the US. The main reason for this is because we do not have a no-fault type of divorce in the UK. This means that just because you and your spouse have voluntarily agreed to part ways and get a divorce, this does not mean that the court will grant your wishes. In fact, UK family law divorce has some very stringent requirements that you must meet in order for your case for family law divorce to prosper.

family law divorce

The following are the only grounds recognized for divorce in the UK:

  • Adultery

There are two requisites here: your partner must have had sexual intercourse with another person during the course of your marriage and you must find it intolerable to live with your spouse. It is worth noting that the evidentiary requirements under this ground are relatively mild. You are not even required to name the third party nor to provide video or photographic evidence. Of course, you are not allowed to use your own adultery as a ground for your own divorce. This is a right that is reserved to the victim of adultery.

  • Unreasonable behaviour

This is by far the most lenient requirement under the law as it is to be appreciated by the courts on a case to case basis. In any event, if the allegations that you claim under unreasonable behaviour are relatively mild, then you may need to provide five or six allegations with sufficient supporting evidence.

  • Desertion

Your spouse has deserted you for at least two years and without your consent.

  • 2 years separation with consent

You have in fact been living together separately for at least two years and with mutual consent from each other.

  • 5 years separation (no consent required)

You have been living separately for at least five years. No mutual consent is required in this case.

 

Family law divorce – GET IN TOUCH

 

Furthermore, you are not allowed to issue a divorce petition unless you have been married for at least one year. Fortunately, you are not prevented from making preliminary arrangements for separation of finances and custody of children while waiting for the one year period to transpire for filing your divorce petition.

As far as the documentation requirements go, you will need your original marriage certificate or at least a certified true copy of the same.

Financial arrangements may be dealt with at any time before the divorce as well. This is because these arrangements are considered to be separate and distinct from divorce.

Great service, thanks again for all your companies hard work.

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Thanks for being so thorough during my divorce we are so happy with the outcome.

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Our family law team in Stoke cover all aspects of family law. We have helped clients in Stoke and the surrounding areas including;
Bereton, Arclid, Congleton, Timbersbrook, Rushton, Spencer, Meerbrook, Thorncliffe, Leek, Rudyard, Biddulph Moor, Gillow Heath, Biddulph, Knypersley, Mow Cop, Rode Heath, Alsager, Kidsgrove, Talke, Keele, Newcastle-under-Lyme, Hanchurch, Barlaston, Stone,
Oulton, Hilderstone, Fulford, Blythe Bridge, Caverswall, Church Leigh, Tean, Cheadle, Rocester, Denstone, Alton, Ellastone, Ranshorn, Oakamoor, Cauldon, Winkhill, Ipstones, Wetley Rocks, Cheddleton, Leek, Endon, Brown Edge, Whitmore, Baldwins Gate, Maer, Stoke city, Stoke city centre, City of Stoke, Stoke, Stoke-on-trent.

HELPING FAMILY’S IN STOKE FOR MANY YEARS

FAMILY LAW IN STOKE ON 01782 454166