Clough & Willis Divorce Solicitors

When people think of divorce they often think of the consequences which force couples to divide their financial assets and work out issues of child custody. Divorce, however, is simply the legal ending of a marriage and is separate from financial settlements and child custody (now termed as "residence" settlements).

Below is a short summary guide to the grounds on which a divorce can be obtained from the Court;

UK Divorce Law Advice

A divorce solicitor, acting for the Petitioner, will file the divorce petition which confirms the grounds for the divorce. The other party is called the Respondent. In England and Wales a married couple's grounds for a divorce may include:

Unreasonable behaviour - this refers to any behaviour which a normal person would believe is unreasonable and could be anything from violence and criminal behaviour to poor financial management to incompatible lifestyles or beliefs. If you cite unreasonable behaviour you must show that you cannot live with your spouse as a result of their behaviour.

Adultery - you can cite adultery as grounds for divorce only if you can prove that your spouse had consensual sexual intercourse with another person. For any other sort of indiscretion you will need to use the grounds of unreasonable behaviour. You must show that you find it intolerable to live with them as a result of this act.

Desertion - you can cite desertion if your spouse leaves for a period of at least two years without your consent although this is rarely used as grounds for divorce anymore.

Separation for at least 2 years if the separation occurred 2 years previously .The other party must consent to the divorce.

Separation for at least 5 years if the separation occurred 5 years previously the other party's consent is not required for the court to grant the divorce.

Unreasonable behaviour is the most commonly cited ground for divorce because it does not require a lengthy waiting period or the Petitioner to provide proof of adultery. It is the so called "quickie divorce" oft repeated in the newspapers. While many couples would like to use "irreconcilable differences" or "mental cruelty" as the official reason for their divorce, unfortunately, UK law does not allow this. The courts will, however, tend to be lenient on what they will agree constitutes "unreasonable behaviour" so long as the behaviour itself has continued to taken place within the last six months before the divorce petition was filed. What you really need to demonstrate is that the behaviour in question shows that you cannot live together as a happy couple and that the marriage has irretrievably broken down .

As the grounds on which the courts grant a divorce rarely has any legal bearing on the financial settlement or any custody settlement, often the respondent will be advised to agree not to defend the petition subject to stating they reserve the right to challenge any of the allegations if they were to be raised as relevant within proceedings or negotiations concerning child or financial matters. Your divorce solicitor can advise you further on the specifics of such allegations and whether these issues could be relevant in your case.

The team at Clough & Willis have years of experience as divorce solicitors. They understand that divorce is an unpleasant and stressful procedure and take a firm but non-confrontational approach towards obtaining your divorce as quickly as possible. Once you have your decree absolute, your divorce solicitor will also help you obtain a fair financial settlement and negotiate the division of assets. The family law department also has extensive experience dealing with custody and visitation disputes. They can help you obtain a residence and contact settlement either through conflict resolution or the courts, if necessary.

CALL US NOW ON 0161 764 5266 TO SPEAK WITH A CLOUGH & WILLIS DIVORCE SOLICITOR.

Easy ways to make an enquiry at our Specialist Family Law Office in Bury