Wealden Times | WT171 | May 2016 | Restoration & New Build supplement inside
Wealden Times - The lifestyle magazine for the Weald
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BUSS MURTON advertorial<br />
Family Law, the next steps...<br />
By Julie Taylor, Employment and Family Solicitor<br />
My partner and I are separated<br />
and I think it is time to divorce,<br />
what should I do?<br />
The first step is to take legal advice as soon<br />
as possible, ideally as soon as you realise that<br />
divorce is likely, as the earlier you have the full<br />
facts in relation to your situation, the better.<br />
Divorce<br />
A divorce can involve 3 separate processes<br />
which run in parallel: the divorce, the<br />
finances and arrangements for children.<br />
Many people do not realise that in order to<br />
obtain a divorce under English law, you must<br />
establish that the marriage has irretrievably<br />
broken down, relying on one of five possible<br />
facts. Of these facts only the other party’s<br />
adultery or unreasonable behaviour will allow<br />
divorce proceedings to be filed immediately,<br />
without waiting for a period of separation to<br />
elapse. The other possible facts are two years<br />
separation with the other party’s consent,<br />
five years separation without consent or<br />
desertion. Therefore if you wish to divorce<br />
immediately and without waiting until you<br />
have been separated for at least two years,<br />
you need to rely on the other party’s adultery<br />
or unreasonable behaviour. If there has been<br />
adultery and the other party is prepared to<br />
admit it, then there is no difficulty, however<br />
if adultery has not occurred or if the other<br />
party will not admit to it, unreasonable<br />
behaviour is used instead. Unless there is a<br />
single, dramatic example of such behaviour,<br />
usually this will involve listing four or five<br />
examples of the other person’s behaviour<br />
which have led the Petitioner to conclude<br />
that he or she can no longer remain married.<br />
Although this may sound daunting and even<br />
unnecessarily combative, especially where a<br />
couple is trying to remain amicable, the good<br />
news is that the behaviour does not need<br />
to be extreme and a good family lawyer<br />
should draft the particulars of behaviour in<br />
a way which does not increase animosity.<br />
The average cost of obtaining a divorce is<br />
between 1,200 and 1,500 plus the 550<br />
divorce petition fee which is payable to the<br />
Court, although it is important to remember<br />
that this does not include the costs of<br />
dealing with arrangements for children<br />
or the finances. The process of getting<br />
divorced is likely take 3 to 6 months. You<br />
will need your original marriage certificate<br />
or certified copy. There are two stages to<br />
getting divorced, the first stage is the decree<br />
nisi and it is crucial to understand that this<br />
is effectively an interim stage and that it<br />
does NOT end the marriage. The marriage<br />
is only ended by the decree absolute.<br />
Finances<br />
Discussing and settling financial<br />
arrangements usually takes place whilst the<br />
divorce itself is proceeding, although it is<br />
worth bearing in mind that in the majority<br />
of cases it is important to ensure that the<br />
court has approved any financial settlement<br />
and made an order reflecting its terms,<br />
before obtaining decree absolute. Reaching<br />
a financial settlement involves consideration<br />
of how the housing and other financial<br />
needs of the parties and any children can<br />
best be met and how the matrimonial assets<br />
(including equity in any property, savings,<br />
investments, ISAs, premium bonds, pensions<br />
etc.) and the parties’ incomes should be used<br />
to meet those needs. Once a settlement is<br />
reached, this should be reflected in a court<br />
order. Obviously there are cases where<br />
agreement is simply not possible and then<br />
the court can assist and ultimately make<br />
any orders it feels are necessary to deal<br />
with the finances in the fairest way.<br />
Children<br />
It is always preferable to reach an agreement<br />
over arrangements about where and with<br />
whom children will live and when they will<br />
see the other parent. Each family will have<br />
different arrangements which are suitable for<br />
that family, however a typical arrangement<br />
is for children to spend alternate weekends<br />
with each parent and perhaps an evening<br />
in the week (if work commitments allow)<br />
with the parent they do not live with, along<br />
with up to half of each school holiday. If<br />
parents find it difficult to communicate and<br />
are unable to come to an agreement over<br />
arrangements for children, then a first step<br />
may be to consider mediation. If agreement<br />
is still not possible then an application can<br />
be made for the court to become involved<br />
and then a Judge will make a decision on<br />
the matter.<br />
Buss Murton<br />
offers a<br />
free initial<br />
30 minute<br />
meeting<br />
to discuss<br />
any family<br />
law matter<br />
in relation<br />
to separation, divorce and children.<br />
We can see you at any of our offices<br />
in Tunbridge Wells, Cranbrook, East<br />
Grinstead or Dartford. To make<br />
an appointment please contact<br />
Louise Huxstep, Family Team<br />
Secretary on 01892 502 338 or email:<br />
lhuxstep @bussmurton.co.uk<br />
Julie Taylor<br />
BUSS MURTON<br />
COMMERCIAL & PERSONAL SOLICITORS
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