Some Grounds on which Divorce Petition can be filed in the UK
>> Aug 14, 2012
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Divorce is a very
sensitive issue and it affects the lives of not only the couples involved but
also kids if there are any and their respective families. When a couple decides
to file for a divorce in a family
court there are a lot of factors involved which have to be determined and
needs the consents of both the husband and the wife. The divorce process
involves a lot of legal processes and terminologies. Though the personal and
emotional upheaval caused by a divorce is too much to contain but still one has
to be really attentive during the procedure so that one is aware of all the
clauses.
In the UK there are
five grounds on which divorce can be filed. The fastest and the most general reason
for British couples to divorce is when either or both spouses quote
"unreasonable behaviour” as the cause. There are four more legal grounds
for divorce like infidelity, abandonment, living separated for two years with
approval and five years apart without consent. It is mandatory for couples to
have finished one year of marriage to start any divorce proceedings. Couples
can get divorce even without having to go to the court. Family solicitors
London help in every way to make the divorce procedure less complicated and
support in making all preparations related to documents required for the
procedure. There may be problems when documents are incomplete, incorrect or
there is any disagreement between the parties concerned. Lawyers generally complete
all the paperwork and provide suggestions and advice whenever required.
A divorce petition filed
on the ground of adultery has to be accepted by the husband or wife or else it
does not succeed. In case of divorce filed on the basis “unreasonable behaviour,”
instances that deter you from continuing with the marriage. If proven that a
couple has been staying apart for more than two years a divorce can be filed.
Similar rules have been laid down for five years of separation but the only
difference is that one doesn’t need the consent of any party.
Once a divorce
petition is filed children are the most important concern for both the husband
and wife. A "Statement of Arrangements" suggests suitable
preparations for the custody of the children which have to be provided along
with Divorce petition. If both parties concur on the arrangements, the court is
improbable to impede. In case of disagreement, the judge may appeal for
appearance in a hearing or mediation.
In the UK issues pertaining to division
of matrimonial property termed as "Ancillary relief, “is decided by the courts.
It is always advisable to seek expert legal advice on Divorce matters, even
though the couple has decided on their share of property. Family solicitors London
provides professional advice to their clients and help them in taking the correct
decision. Most lawyers who have expertise in family law work in small firms
with a small group of attorneys or in non-profit or government agencies.