SEVENOAKS MUMS TALKS TO STUART RUFF, FAMILY LAWYER AT THACKRAY WILLIAMS ABOUT DIVORCE
YOU CAN WATCH THE INTERVIEW HERE OR READ THE ANSWERS TO OUR QUESTIONS BELOW
- What are the grounds for Divorce?
- There is one ground, namely that the marriage has irretrievably broken down. To prove this, you must rely on one of five facts; adultery, unreasonable behaviour, two-year separation with consent, five years separation, desertion for a period in excess of two years. At present there is no such thing in law as “no fault divorce” but it is being looked at by Parliament.
- How long will my Divorce take?
- Typically, it takes around four to six months to complete the divorce proceedings, assuming that they are not contested. It can take longer depending on how quickly both parties deal with the paperwork and respond to the court. Another factor can be extra delays if the court has a significant backlog of work at the relevant time.
- Will I need to go to court?
- If you are divorcing your divorce petition must be issued in Court. However, it is not necessary for you to attend Court if the divorce is not contested and agreement is reached in relation to the children and finances. Court should be seen as a last resort and other methods of dispute resolution explored first such as mediation, collaborative law process and negotiating through your solicitor.
- What is a judicial separation?
- A judicial separation does not end a marriage. It is rare for couples to take this step; however, not all couples wish to end their marriage or civil partnership right away. There may be exceptional circumstances, such as religious, cultural or personal reasons that you may not wish to obtain a divorce.
Judicial separation is a formal marital separation; therefore, marital obligations come to an end. A judicial separation has three main effects;
- You no longer have a duty to cohabit (although realistically speaking, one spouse cannot legally compel the other to live with them)
- The Court can make certain financial orders
- If one party dies intestate, their property devolves as if the other party to the marriage had died. Therefore, the surviving party will not benefit. A will remains unaffected, unlike the position on divorce.
- Can I change my mind?
- Yes, you can stop divorce proceedings anytime before Decree Absolute as when this is pronounced you are officially divorced.
- What rights do Civil Partnerships have?
- Civil Partnerships afford couples the same rights as that of a different-sex marriage, for example, tax and pension benefits. If a civil partnership dissolves, partners also have the right to apply for child and/or spousal maintenance, child custody and relationship property rights.
If are contemplating a divorce or would like some help and advice you can email Stuart Ruff or contact him here
Author: Helen Loder
Co-Director of Sevenoaks Mums