Thursday, September 19, 2013

Understanding Divorce

By Kate Frank


These days, marriages are not given the kind of life expectancy that they were in the past. It is saddening to note that nearly 1 in every 3 marriages is likely to end in a divorce. This number increases when it comes to remarriage situations. Cohabiting relationships also ends frequently, and there is specific legal advice that can be applicable to both of these types of couples.

You should begin by understanding that there is nothing particularly difficult or complex about getting a divorce. Basically this falls mainly to the hands of the professionals and law solicitors hired to make sense of the mess that is left in the wake of the upheaval. This includes but is not limited to sorting through the estate, the division of finances and assets, and even the details regarding guardianship of children involved as well.

You should not shy away from seeking this kind of legal advice if you find your own marriage is reaching an end. This section of the site can get you into contact with particular family law and divorce solicitors to help you determine the next move to make and the wisest approach for a divorce that is less messy than most. There is a separate section for unmarried couples looking to see what options exist for them in their separation.

According to the legal system of Wales and England, there is really only one way that a divorce is to be granted. This is when the court and the parties involved are able to deduce conclusively that a marriage is beyond a point in its decline that it can be salvaged or saved. This is not usually a hard point to sell either, as the base of this argument can be rooted in only one of five potential reasons.

If a spouse feels as though their relationship has reached this point of irreparability, than they have to file paperwork known as The Petition. This then makes that spouse what is known as the Petitioner and the other the Respondent. When filling out the application, the Petitioner must provide one of five specific examples that have been the basis of divorce for generations.

In order for a proceeding, the court has to take this evidence that has been submitted and accept it. The five bases for potential divorce proceedings are: Infidelity, Unreasonable Behaviour, Desertion for more than two years, separation for two years, or five years of separation.

Considering that many couples are still together when they determine that they no longer want to be together, the general basis for most divorces come within the first two of these reasons to deem a marriage irreparable.

Whoever draws up the application, should take the time to inform the other spouse about the information contained herein. Without doing this, you might be setting yourself up for potential disputes and costly battles later in the proceeding.




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