Separation and Divorce
The procedure to obtain a divorce is relatively straightforward. Court Proceedings are needed to obtain the divorce but so long as it is not contested the actual divorce could take as little as four to five months to be concluded without the need for any Hearing.
There is only one ground for a divorce and that is if you believe your marriage has irretrievably broken down. This needs to be shown in one of five ways:
2. Unreasonable behaviour
3. Desertion for two years
4. Separation for two years where it is agreed at the end of the two years that a divorce should take place
5. After five years' separation whether or not the divorce is agreed
Same Sex Marriage
The rights and responsibilities arising from a same sex marriage are the same as for an opposite sex marriage. This includes financial responsibilities on the marriage breaking down and there being a divorce. The only difference with a same sex marriage is that adultery is not a reason that can be used to seek a divorce and the marriage being brought to an end.
Parents separating can be traumatic for their children. Although the Court will not automatically become involved in the arrangements for any children when there is a divorce it is still vital that parents agree on those arrangements and how much time a child is to spend with each of them. Even though the parents are divorcing they will continue to be parents and each will have a key role in the upbringing of their child.
If agreement cannot be reached there could be a formal Application to the Court as part of the divorce for a Judge to decide what is in the best interests of a child. This is always a last resort.
Frequently Asked Questions:
To find out more or discuss your individual requirements in further detail, our dedicated Family Law solicitors will be delighted to help. Contact us today on 01603 693500 or email us using the 'Make an enquiry' form. Appointments available at our Norwich, North Walsham and Sheringham offices.
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