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Divorce

We will advise and act for you in matrimonial proceedings, and will try to ensure that what is obviously a difficult time for you, will be as smooth and amicable as possible.

A divorce will be granted if the parties can show that the marriage has “irretrievably broken down”.   Irretrievable breakdown will be proved if the court accepts that one party has behaved unreasonably, committed adultery, or deserted the other party.   A “no fault” divorce can only be obtained if the parties have separated for 2 years.  In certain, fairly rare, circumstances, you may wish to apply for a decree of nullity dissolving the marriage, or a decree of judicial separation.

On the breakdown of a marriage the court has a wide discretion to allocate the financial assets between the parties.

Although the law says that the division of the assets is discretionary (unlike the legal position in other countries where there is more certainty about who will get what), in recent years there has been more of a shift towards trying to achieve as “fair” a split as possible, which may well be 50/50.   Each case will however be treated on its own particular merits, and many different factors are taken into account such as for example the length of the marriage, the existence of any children, and the needs and resources of each party.

Maintenance for children is usually dealt with not by the Courts but by the Child Support Agency, which will carry out its own assessment of the non resident parent’s means, and enforce payment.   (www.csa.gov.uk).

Before deciding what is fair, the Court, and therefore your solicitor, will need to know what the financial assets in the marriage are.   This is achieved by “disclosure” from both parties which means that you must both produce evidence of your bank accounts, earnings, valuations of property etc. 

We will advise you as to the possibilities of mediation or collaborative law, and what the advantages may be to you, both emotionally and financially, of achieving a settlement without going through the Court process.

If you believe there is a risk that your spouse is going to dispose of an asset to prevent you from making a claim on it, we will be able to make an urgent application to the court without giving notice to the other party for a freezing order preventing this.

We can also advise you about the international elements of divorce.  For example, a divorce obtained abroad may give you the right to obtain financial orders in this country.  A marriage entered into abroad will be recognised by this country as long as it was valid in the country where the marriage took place. Click here for infromation about are fixed fee divorce service.  

If you would like to speak to one of our expert divorce solicitors in London, please call 0207 737 0909.

 


© 2007 Hornby and Levy

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