DIVORCE AND JUDICIAL SEPARATION
It’s common for people to say Grounds for Divorce but there is only one Ground for Divorce in English Law that the marriage has irretrievably broken down. Evidence of an irretrievable breakdown of the marriage can include adultery, unreasonable Behaviour, desertion, 2 Years Separation with Consent or 5 Years Separation. In law, you are required to be married for at least a year before you can apply for a divorce. You are not free to remarry until the divorce process is complete, i.e. you have received the Decree Absolute.
The process of going through a divorce is very complex and frustrating especially if there are children and shared assets involved. If there are no complications the divorce process generally takes four to six months to complete depending on how busy the Courts are. In most divorce cases it is not necessary to have court proceedings, as long as communications are handled with care and understanding.
In order to protect your financial assets, we recommend that you should resolve your Money Matters alongside the divorce proceedings. Depending upon the particular circumstances of your divorce matter, we may recommend you delaying the divorce application until any financial issues have been resolved. It is very important that you get legal advice on divorce as early as possible to ensure that divorce proceedings are issued on the most appropriate basis. Amending Court documents at a later stage can lead to delay and unnecessary costs.
Judicial Separation is an alternate to divorce and is not so common. The most significant difference between divorce and Judicial Separation is that you cannot remarry. It is generally used or practised by the people who have a religious objection to divorce. In Judicial Separation, the Court retains the power to resolve money matters with the exception of pension sharing.
Our experienced team will write a separation agreement to best fit your particular circumstances. For example, you may want a separation agreement to include:
- How to deal with any mutual debts.
- How much each of you contributes to rent/mortgage or household bills until you can vacate, sell or transfer your home.
- How to deal with any proceeds from the sale of a property, after paying off any outstanding mortgage balance or sale costs. How to deal with any pensions, joint bank accounts or credit cards.
- Who the children will live with and when they will see the other parent?
- Maintenance agreed to support one person and/or any children.
- What will happen to items you’ve bought together, such as cars and furniture.
At Mamoon solicitors, we will provide confidential legal advice that is personally tailored to you and your circumstances. Out team will do the absolute best to minimise any distress by making the process as quick and comfortable as possible and to keep you informed at each step. By this, we can ensure a result that lets you and your loved ones create the future you want.
For specialist advice please contact our team member on 0161 465 1814 or complete our inquiry form and we will contact you.