UK 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 must be obtained separately from financial settlements and child custody settlements. A divorce solicitor, acting for the Petitioner, will file divorce papers which give the grounds for the divorce with the other party, called the Respondent.

In the UK a married couple's grounds for a divorce may include:

• Unreasonable behaviour - this refers to any behaviour 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 sexual intercourse with another person. For any other sort of indiscretion you will need to use the grounds of unreasonable behaviour.
• Desertion - you can cite desertion if your spouse leaves for a period of at least two years against your consent although this is rarely used as grounds for divorce anymore.
• Separation for at least 2 years if the separation was consensual and both parties agree to the divorce
• Separation for at least 5 years if the separation was consensual but only one party agrees to 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.

While many couples would like to use "irreconcilable differences" 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 taken place within the last six months before the divorce papers were 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 broken down irreparably.

As the grounds on which the courts grant a divorce rarely have no real legal bearing on the financial settlement or any custody settlement often the respondent will agree not to defend the petition in return for the Petitioner agreeing not to use the grounds when negotiating a settlement. Your divorce solicitor can advise you further on how these issues relate to the specifics of your case.

At Clough & Willis, with our years of experience as divorce solicitors, we understand that divorce is an unpleasant and stressful procedure and we take a non-confrontational approach towards obtaining your divorce as quickly as possible. In addition we can help with divorce faq's.

Once you have your decree absolute, your divorce solicitor will also help you obtain a rapid and fair financial settlement and negotiate the division of assets. Our family law department also has extensive experience in dealing with custody disputes and can help you obtain a custody settlement either through conflict resolution or the courts, if necessary.

More information about Divorce and Divorce FAQ's

Contact Clough & Willis today for advice from a divorce solicitor. If you would like to arrange an appointment, or for more information, please contact Lee Marston, lee.marston@clough-willis.co.uk or Marie Whittaker, marie.whittaker@clough-willis.co.uk.