Family problems can cause emotional complications, anxiety, anger and stress .Firstly we try to resolve problems amicably in order to avoid litigation and costs. We always encourage parties to take a step back and make a decision that is reasonable. We try our best to ensure that all parties take their emotions out of the matter at hand, so that the right decisions can be made relating to finances or children.
Divorce in England & Wales is granted on the basis of the irrevocable breakdown of marriage. There are currently five grounds for divorce, like: Adultery, Unreasonable behaviour, Desertion, Two years’ separation with consent, Five years’ separation without consent.
Issues: which very often depend upon divorce and most people considering issuing a divorce petition or who have received one should very likely take legal advice so that they fully understand the position and the issues involved. The greatest number of disputes is called’ ancillary relief’- i.e. resolving the financial issues between the parties. There are also specific issues about divorce of concern to men in particular to which great attention needs to be paid if the husband is not to come out of the process feeling aggrieved and regarding himself as the victim of injustice. And, of course, most people want to know that the costs of a divorce and the time scale are. It is important if one of the parties wishes to remarry.
Children involvement: When children are involved, the divorce can become a complicated undertaking. If it is separate from spouse where children will live and what access arrangements the other parent will have must be decided. The court would rather these matters are agreed by the parents who are divorcing, but when an agreement can’t be reached the court will make a ruling (called a court order) that will set out who the children will live with, and what access the other parent will have.
The court will not grant your final decree until it is satisfied that the dependent children’s well-being has been taken care of. A dependent child means anyone under 16 years of age, or under 19 years of age if in full-time education. Step-children and adopted children both are under this definition, but not foster children.
When you send in your petition for divorce to the County Court, the court will look at your paperwork and see if you have agreed where your children will live (residence) and how contact with them by your spouse (contact) has been arranged.
If you and your spouse can’t agree on how residence and contact will be arranged you can apply to the court for a court order under Section 8 of the Children Act 1989. If a court order is needed a solicitor can help you to apply this