Divorce Solicitors Liverpool
Going through a divorce can be an incredibly difficult time. Contact our expert team of friendly and trusted local solicitors to discuss divorce and to find out how we can guide you through the process. You can call us on 0151 515 4399 or fill out our online enquiry form.
Divorcing is usually a decision that is made after much consideration and deliberation. You may be worried about the impact that divorce could have upon your pension, savings and debts. Many people also worry about the effect that divorce could have upon their children. The divorce lawyers at Family Law Liverpool are proud to provide clear and straightforward advice to help you move forwards. We support our clients throughout the process.
How do you Divorced?
- Firstly, one partner must file a divorce petition. This is an application to the court that states that you wish to end the marriage and outlines your reason for doing so.
- If your spouse agrees to the divorce, you can then apply for a decree nisi. This is a document which states that the court does not see a reason you should not be able to divorce. If your spouse does not agree to the divorce, you would have a judge decide at a court hearing whether a decree nisi should be granted.
- Six weeks after the decree nisi is granted, you can apply for a decree absolute. This legally ends your marriage.
You can read more about the divorce process from https://www.gov.uk/divorce/overview.
What Are the Grounds for Divorce?
Making the decision to get a divorced is one that few people make lightly. However, the decision to grant a divorce does not lie with the couple in question; it lies with the courts. For a court to grant an application for a divorce, certain criteria need to be proved:
- It must be established that you and your spouse have been married for one year; and,
- The court must be convinced that the marriage has broken down irretrievably.
There are a few different ways of demonstrating that your marriage has irretrievably broken down:
Your partner has behaved unreasonably – evidence of unreasonable behaviour is quite broad, but will include evidence of violence and/or physical or mental abuse.
Adultery – you must be able to show the court that you or your partner have committed adultery and that you are no longer able to continue living in the relationship. To that end, the court will need exact details of the adultery, i.e. dates from which an affair started, etc.
Your partner deserted you at least two years ago – this involves your partner having left you for no valid reason. This reason for divorce also requires your spouses' continuous, uninterrupted desertion for two of the last two and a half years.
You and your spouse have lived apart for at least two years, and both parties agree to the divorce; or,
You and your spouse have lived separately for at least five years if one of you does not agree to the divorce.
The most common ground for divorce is non-cohabitation.
Although it is not a necessary step in divorce proceedings, many couples who intend to divorce will start with a Separation Agreement.
This is an agreement on practical aspects of separation such as finances and child contact. Before a divorce is finalised, a Separation Agreement can allow you to settle matters such as who will live in the house you shared and who will pay bills and the mortgage.
Many couples find this allows them to settle the most important matters. A Separation Agreement can often make a later divorce quicker and easier to secure as the most important aspects will have already been sorted out.
Defended and Undefended Divorce
An undefended divorce is when both spouse partners to the divorce and have reached agreement on financial matters. These divorces will be dealt with by the Family Court. You can find information about the Family Court from here.
When a divorce is defended, one partner does not agree to the divorce or does not agree about the grounds on which the divorce is being sought.
In practice, the vast majority of divorces will proceed undefended. It is advisable for couples to come to an agreement about as many aspects of their separation in advance of going to court.
Divorce and Children
Sometimes couples are unable to reach to an agreement about who their children will live with and what the contact arrangements will be for the other parent.
The court has the power to issue various orders relating to parental responsibility, such as Child Arrangement Orders.
Parents are always advised to try to come to an agreement among themselves that suits all parties, rather than have child custody issues battled out in court.
Divorce Law Mediation
It is worth noting that a Mediation Assessment is required for divorcing couples before going to court to debate finances on divorce. Our family lawyers have many years’ experience of helping families come to a constructive conclusion to their family law problem.
Contact Divorce Lawyers Liverpool Today
At Family Law Liverpool, our solicitors appreciate the emotional strain that going through a divorce can have on people. We see ourselves as your guide, helping you to negotiate the complex arrangements that need to be covered before your divorce is finalised. If you have questions about a divorce, please contact our Liverpool based team today.
Contact us today on 0151 515 4399 or fill out our online enquiry form.