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Divorce & Separation Proceedings

 

 
 

 

 

Whether the situation is straightforward or matters are difficult between you, we aim to provide you with sensible easy to understand advice.

We will advise you of the procedures involved and their likely outcomes and how long the process can take and provide an initial cost estimate.

 

Divorce

There is only one ground upon which a Petition for divorce may be presented to the Court by either party to the marriage and that is, that the marriage has broken down irretrievably.

However, the Court cannot hold that a marriage has broken down unless the Petitioner satisfies the Court of one or more of the five factors specified below:

  •     Adultery
  •     Behaviour
  •     Desertion
  •     Two years separation with consent
  •     Five year separation

For an in-depth explanation of this procedure, contact us to arrange a free initial consultation.

 

Separation

An alternative to a decree of divorce is a decree of judicial separation.  It does not dissolve the marriage but releases the parties from the duty to live together.

The procedures involved are similar to divorce proceedings, except that there is no need to show irretrievable breakdown of marriage.

  

Reasons for seeking judicial separation

Judicial separation can be sought at any time after the marriage, so this could assist a spouse who separates within the first year who cannot start divorce proceedings.

The same financial and other ancillary relief Orders can be obtained on judicial separation as on divorce.

Some clients have religious or moral objections to divorce, so this decree offers an alternative.

The facts used in judicial separation proceedings can also be used as proof in later divorce proceedings.

 

By Preeya Rampersad


Contact us on 0208 300 666 for more advice on what proceedings best suit your circumstances

 

Get a free initial one hour consultation in one of our offices:

Divorce Solicitors in Sidcup | Divorce Solicitors in Dartford | Divorce Solicitors in Erith


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