FREE, NO OBLIGATION ADVICE ON YOUR FAMILY LAW CASE.
Click on the link to the ‘FREE FAMILY LAW ADVICE’ page on this website where we explain how we will advise you for free in your particular case.
We try to avoid technicalities and jargon on this website, as well as information you can easily get elsewhere. However if you are thinking about divorce we think it is helpful to know the following:
Irretrievable breakdown of the marriage is the only legal ground for divorce.
Adultery, behaviour, desertion by your spouse as well as two years’ separation (with agreement to divorce) or five years’ separation (without agreement) are not grounds for divorce. They are the five facts which prove the ground for divorce.
Even if the other four facts don’t apply most people can get a divorce based on their spouse’s behaviour. You have to allege certain faults about your spouse. There is no benefit to you in making the allegations worse than they need to be.
If you are a respondent to a divorce based on behaviour the allegations made in the divorce are highly unlikely to affect any financial or property settlement, or children arrangements - but in all cases it is probably best to get a solicitor to check it through.
When it comes to children, it is rarely useful to talk about ‘parental rights’.
Children have rights. These include the right to have contact with the people who are important to them.
Parental Responsibility involves taking actions and decisions which are most important to a child.
If you have a dispute about the exercise of Parental Responsibility for a child, or questions about your or your child’s rights, contact us and we will discuss your options with you.
It is hardly ever necessary to go to court to get a divorce.
If you have a dispute about children, or money or property we will see whether they can be resolved without going to court.
If you do end up going to court you will find the family courts relatively informal, although of course there are procedural rules.
Judges are all human. They should usually understand very well how nervous you may be.
The first court hearing is usually for ‘directions’ to decide how the case is to progress.
If it looks as though you may need to go to court we will explain to you what to expect in your particular case.
Three misunderstood things family lawyers are often asked about.
Quickie divorce? Nearly every divorce or dissolution of civil partnership is a quickie. It takes five months if you get on with it promptly, and preferably with some co-operation from the other party. It is the same for celebrities as for everyone else.
Legal separation? There isn’t really any such thing. If you are married or in a civil partnership you could be separated or you could be together or a bit of both but there is no such thing as a Legal Separation. If you have seperated, or are considering doing so you should also consider whether this will affect your entitlement to benefits or tax credits, what will happen with property you each own, and whether one of you should seek financial support from the other.
There is such a thing as Judicial Separation, which is an alternative to a divorce, but has little relevance.
Common Law Marriage. If you are living with someone to whom you are not married, nor in a civil partnership with them it is important you realise there is no such thing as Common Law Marriage. You may have legal rights and obligations but they are utterly different to those of married couples. Many people have found this out to their cost.
The more you can discuss directly with your former partner to resolve matters between you the likelihood is that you will not need to pay your solicitor as much to sort things out.
We appreciate that sometimes people cannot bring themselves to talk to their former partner at all. Sometimes it might not be appropriate because of the risk of threats or violence or bullying.
Remember that in cases where there are children it is almost always going to be necessary to keep lines of communication open between you, and so much the better if you can do so amicably.
C.C. Smale Solicitor is a new legal practice in Bacup, East Lancashire specialising in family law.
C.C.Smale Solicitor is regulated by the Solicitors Regulation Authority.