Divorce dissolves a marriage or civil partnership, if you have been married for more than a year. It is important to remember that :
- most people will find that they have grounds for divorce on the basis of unreasonable behaviour (if nothing else), since the threshold for establishing ‘unreasonable behaviour’ is not particularly high, however there have been recent developments in case law which means that advice is changing. You may have seen in the press that the government is reviewing the introduction of ‘no fault divorce’. Keep an eye on our News and Articles page for further developments
- a divorce does not have to be an adversarial process, and can be a joint venture for a common goal, namely resolving financial and property matters between spouses once and for all
- a spouse can still bring a financial claim against their husband or wife, even after they have divorced, unless they have obtained a Court Order finalising financial matters between them (whether by agreement or after contested Court proceedings)
- divorce revokes your Will and ends automatic inheritances between spouses, so you should review your Will or make one if you do not have one
- when dealing with children disputes or financial matters, it makes no difference who is divorcing who
- disputes or negotiations can be settled through mediation, or through the collaborative process, without recourse to the traditional approach of correspondence between solicitors and / or litigation through the Courts
Visit the family home page for details of our team.