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Family & Matrimonial - August 14th, 2018
When a problem arises within a marriage and divorce is the only resolution, the prospects of beginning divorce proceedings can often seem extremely complicated and fraught with legal jargon.
When a problem arises within a marriage and divorce is the only resolution, the prospects of beginning divorce proceedings can often seem extremely complicated and fraught with legal jargon. Starting this process can seem overwhelming for someone who is already experiencing high levels of stress and anxiety. This is where outside and impartial advice is invaluable; Eatons can help to navigate the minefield of divorce proceedings.
Unfortunately there isn’t a standardised process for divorce, as each marriage is different. However, nowadays the mechanics for obtaining a divorce is usually straightforward, if both parties agree the marriage is over and are wishing to resolve the issue swiftly.
There are 3 main questions each party needs to ask to assist in making this process as seamless as possible.
1.What are the Grounds for the Divorce?
Whether the grounds for divorce are adultery, unreasonable behaviour, desertion or you have been separated for some time. The person who starts divorce proceedings must prove the marriage has irretrievably broken down, by establishing the facts mentioned.
2. What are the Financial Implications?
Whilst considering the financial element, it is always necessary to consider the possibility of achieving a Clean Break Settlement. This means the current financial affairs between the parties are documented and these can then be brought to an end as soon as possible – resulting in a Consent Order.
Whilst the Consent Order will detail the financial agreement between the parties in the current day, it also does is provide clarity for any future changes in circumstances and will ensure the other party has no claim over any future financial windfalls.
This is why it is referred to as a “clean break” divorce as it draws a line under any expectations or legal entitlements in the future.
3. Are there Children Involved?
If children are involved, it is encouraged for parents to try and come to a mutual agreement regarding the future care and wellbeing of their children.
Before child arrangements can be presented in front of a court, Mediation must have happened – this a process of direct negotiation between parents with the assistance of a trained mediator.
The final resort is issuing court proceedings and these are dealt under the Children Act 1989 and the Children and Families Act 2014.
For more information on this area, please see our detailed Step-by-Step Guide to Family Law.
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