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Do you want to get a family law divorce? Or perhaps, you are currently facing a case that could end up in a family law divorce? There are probably a hundred different questions on your mind right now and if you are uninitiated in UK Family Law, you are probably confused as to what you should be doing in order to safeguard your own personal interests. With that said, if you go straight to a family law solicitor right away, then your lawyer may be able to help you with some aspects of family law divorce, but this will not calm your wildly beating heart right now.
Family law divorce – Stay Calm and Research
Instead, what you need to do in order to calm yourself down and to prepare yourself for the family law divorce case at hand is to arm yourself with information. Read up on the pertinent UK Family Laws that might apply to you and read up on some decided cases that may be similar to your situation. Additionally, try to gather as much information and evidence as you can as possible that may be relevant to your case. This will help you to consult with a family law solicitor with a clear mind and a basic understanding of what needs to be done and how you want the case to be handled.
What Are The Grounds For Family Law Divorce?
In the UK, the grounds for divorce are fairly limited. They are laid down specifically by law and there is actually very little room for interpretation except as to the grounds of unreasonable behaviour.
- Unreasonable behaviour
- 2 years separation with consent
- 5 years separation (no consent required)
The 2 years of separation “with consent” means that you both mutually decided to live separately from each other. In this type of divorce, the consent of both parties is required in order for the divorce to be successfully filed in court and be given due course. In the case of 5 years of separation, it is sufficient that one of the parties files for a divorce even without the consent of the other.
The most flexible ground here is that of unreasonable behaviour. This is because what may be considered as “unreasonable behaviour” in family law divorce is to be decided on a case to case basis and it may vary depending on the controlling case law at the time the divorce was filed. The law requires that you must establish the fact that your spouse is behaving in such a way that you cannot be reasonably expected to live with him/her. If the allegations are fairly mild, then six or more allegations may be required in order to sustain a positive decision in terms of divorce. If you need help with this particular ground and you feel that you may qualify for a divorce, it is really best to consult with an experienced family law solicitor.
Family law divorce – Most Divorce Cases Are Uncontested
The good news is that within the UK Jurisdiction, most people do not contest a divorce. You are also advised not to contest such a case when your partner has clearly stated his/her intention to end the marriage. There is no use in attempting to save a failed relationship.
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