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The legal process of ending a marriage has a major impact on the whole family. Carla Hull Solicitors Limited is experienced in helping you to resolve disputes efficiently, professionally and sensitively.
Within the practice we promote co-operation and offer a range of options to assist you in the process, whether this is through the Court system, negotiations through solicitors, mediation or collaborative law, we will firmly ensure you achieve the best possible outcome in your particular case.
We will outline your options at every stage and give you the information to make your own decisions.
To obtain a divorce, you need to show that you have been married for more than a year and that the marriage has broken down irretrievably with there being no prospect of a reconciliation. In addition to this, you need to prove one of the following facts:
- Your husband / wife has behaved in such a way that you cannot reasonably be expected to live together;
- Your husband / wife has committed adultery and you find it intolerable to live together;
- You have been separated for 2 years and your spouse agrees to divorce;
- You have been separated for 5 years;
- Your husband / wife deserted you more than 2 years ago.
It is no longer compulsory in a petition based on adultery to name the third person concerned and we will explain why it is preferable not to name the third party in most cases.
If you have lived with your husband / wife for more than 6 months since you discovered their adultery, you will not be able to rely upon this fact. Similarly, if you have lived with your husband / wife for more than 6 months during the divorce process ‘as the same household’ then 2 years’ separation will not be a fact which can be relied upon.
The reason for the breakdown of the marriage forms the basis of the divorce petition, which is the initial application we will make on your behalf in the divorce proceedings. If more than one of these facts may apply to your case, we will advise on which is most suitable to your circumstances and what additional information the court needs.
The divorce process can take as little as 6 - 9 months from start to finish if the divorce is relatively straightforward. If financial matters are in prolonged dispute the process can take somewhat longer. Our strong recommendation is that clients take advice at the earliest possible stage in order that they are fully aware as to their options and potentially to gain a tactical advantage in the negotiation of their respective positions.
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