Glazer Delmar

Divorce

Getting the right advice

Divorce or separation is a very difficult time; trying to assess the impact on your children, your life, pensions, finance and property, at a time of emotional turmoil can seem overwhelming. The divorce lawyers of the Glazer Delmar Family and Relationships team combine recognised expertise with compassion and understanding. We are not just divorce lawyers, we are human beings whose business depends on doing the right thing for our clients .

We deal with complex and high value divorce and separation arrangements (usually by agreement but sometimes in court), pre-nuptial agreements, co-habitation agreements & civil partnerships. In addition we advise on the consequences for family businesses, property and trusts, issues for children including parental responsibility, residence and contact, and inheritance claims, but at all times try to be approachable and down to earth.

The Family and Relationships Department Head belongs to Resolution, a specialist organisation of family lawyers dedicated to providing a professional and solution-focused approach. For a fixed fee, initial consultation please contact us.

 

Some Basics

Divorce proceedings can usually only start if the couple have been married for a year.

Most divorces are undefended, allowing the divorce to proceed on paper through a very simple procedure. Only if one partner does not consent to the divorce is it considered defended, and the couple will have to attend court.

The English courts can divorce a couple if the marriage is recognised as being valid in England and Wales and provided one of the couple is living in England and Wales when the divorce begins.

 

Grounds for Divorce

Whether the divorce is consented to or not, it can only proceed if one partner can show that the marriage has irretrievably broken down. To do this, they must prove one or more of the 5 following facts:

  • Their husband or wife has committed adultery. If their partner does not admit the adultery, evidence must be obtained to show that it has taken place. The person applying for the divorce must confirm to the court that they can no longer tolerate living with their partner.
  • Their husband or wife’s behaviour has been unreasonable. Often, there are relatively mild examples, which are not disputed. One incident of unreasonable behaviour can be sufficient if it was particularly severe. The person applying for the divorce must confirm to the court that they cannot be expected to go on living with their partner.
  • Their husband or wife has deserted them. The person applying for the divorce must show that their partner left them without their consent over two years ago.
  • They have been separated from their partner for at least two years and their partner consents to the divorce.
  • They have been separated from their partner for at least five years. Their partner’s consent to the divorce is not needed.

A straight-forward uncontested divorce can usually be obtained within 4-6 months, provided neither husband nor wife delay matters and the court is not inundated with work.

Please contact us at familyandrelationships@glazerdelmar.com if you would like more information about divorce.

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