As we get closer to Christmas and beyond, it is a sad fact that divorce rates begin to rise. January has historically been the busiest time of year for divorce lawyers. Couples on the verge of separation often hold out through Christmas for the sake of the children and extended family. The new year is also a time when many resolve to make a fresh start and get out from under a crumbling relationship.
Maybe you’re living separate under the same roof, avoiding being in the same room, only talking when you absolutely have to. If you are, you’ve probably shut down emotionally. You might be so numb you don’t feel anything about anything, Christmas included.
If you’re feeling the strain at home, contact us for confidential, no obligation advice.
We offer a free 30-minute initial meeting. The meeting is confidential so your spouse will not be told what has been discussed or even that the meeting has taken place.
Coming to the decision that your marriage/civil partnership has come to an end is not an easy time for anyone. During this time of heightened emotion, you will also be faced with the difficulties of the practicalities of the divorce procedure itself and the financial implications of the separation.
Here at PGM Solicitors we have a highly experienced Family Law department which appreciates that each and every client will face a unique challenge during this time. You can be confident that you will receive a service tailored to suit your needs and be assured that we will be here every step of the way to offer advice and support.
There are many misconceptions about divorce. There is no such thing as a ‘quickie divorce’. Divorces in England and Wales follow the same procedure and take, on average, 3 to 4 months. What generally complicates matters is dealing with the children or finances, which is why taking legal advice at an early stage is so important.
Grounds for Divorce/Dissolution
A divorce/dissolution must be based upon the ground that the marriage/civil partnership is irretrievably broken down. Thereafter an additional fact has to be proved. The five facts on which a divorce/dissolution can be based are:
- Unreasonable behaviour;
- Desertion (for a period of two years);
- Two years separation (with the consent of the other spouse);
- Five years separation (the consent of the other spouse is not required)
A dissolution of civil partnership has to be based on the same facts, apart from adultery.
The most common facts on which a divorce is based are adultery, unreasonable behaviour and two years separation. The fact of desertion is rarely used.
In both two- and five-year separation petitions, the Respondent can prevent the divorce being finalised until the Respondent’s financial position following the divorce has been considered by the Court.
Divorce only ends the marriage – it does not deal with financial matters. If you jointly own a property or one of you has a pension to be shared, these issued must be resolved before a divorce is finalised.