We recognise that the end of a relationship is tragic enough. At Just Law Solicitors we believe that the process of divorcing or separating shouldn’t add to the pain but, instead, should help the separating couple to look forward to a more hopeful and positive future.
Our approach is conciliatory yet firm, practical and non confrontational. As Family Law professionals we offer advice which is clear and objective, enabling a clear path for you through the emotional financial complexity that accompanies divorce and separation. We work closely and sensitively with all our clients considering their needs and requirements in order to develop a strategy for the most positive outcome.
Our Approach to Solve Family Issues
We offer you expert and affordable solutions on all family law matters including:
- This is when one spouse has had voluntary sexual intercourse with someone other than their spouse. This can sometimes be difficult to prove, unless there is factual evidence such as the birth of a child. Unless adultery is admitted, it often preferable to base the proceedings on another “fact”
- There is no requirement to name the third party in the divorce proceedings. Indeed, this is very much discouraged nowadays, since it only serves to increase acrimony, not to mention legal costs!
- If you remain living with your spouse for more than 6 months after you discovered the adultery, you cannot use adultery as the basis of your divorce. Also, you cannot start divorce proceedings based on your own adultery.
- This is decided by a mixture of an objective and subjective test, designed to prove that your spouse has behaved in a way that means you cannot reasonably be expected to live with him or her anymore. Because the test is objective and subjective, the range of behaviour which can be cited is extremely wide. Obvious examples would be domestic violence but it can go as far as your spouse not paying you enough attention, or failing to support you in your hobbies/career etc. The examples of behaviour need to be strong enough for a Judge to agree they warrant a divorce.
• This “fact” is very rarely relied upon in divorce proceedings these days. You must demonstrate cohabitation has ceased and has been brought to an end by your spouse against your consent. Your husband or wife must not have had any reasonable cause to have left and it must have been for a minimum of two years before you can commence proceedings.
- You have lived apart from your spouse for a continuous period of two years before the divorce proceedings are started; and
- You both agree to the divorce
- You have lived apart from your spouse for a continuous period of at least five years before any divorce proceedings are started.
- Living separately doesn’t necessarily have to mean living in separate properties. You can have lived in the same house for (some or all of) this time period, as long as you can prove the normal relationship has ceased. For example, if you sleep in separate rooms, do not eat together, do not do household chores together etc, you can still be considered as living separate and apart (ie in separate households).
- Separation “fact” based divorces are closest we have in this jurisdiction to “no fault divorces”
Get In touch
If you would like to find out more or make an appointment, call us today on 0161 798 6611 and ask for one of our experts in civil litigation, or complete our simple enquiry form and we can call you back at a time to suit you., if you would prefer to get in touch by email, feel free to contact us at firstname.lastname@example.org or and we will be happy to advise you on the best way to proceed.
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