Divorce
DIVORCE SOLICITORS SWANSEA & FAMILY LAWYERS SWANSEA
One in three marriages now ends in divorce, and many divorces regrettably involve disputes over finances and children, in addition to emotional turmoil. Our divorce lawyers and solicitors are experienced, sensitive to the situation and adopt a mediated approach wherever possible. We also advise clients in Swansea on:-
- Legal separation issues
- Co-habitation issues
- Children and divorce
- Pension issues on divorce
- Matrimonial property on divorce
- Child custody issues
There are many different circumstances in divorce law, ranging from high value, contested divorces, difficult children related issues through to an uncontested, amicable divorce where there are no financial issues or divorce finances are agreed. For the latter, we offer a competitive, fixed fee service to ensure the necessary paperwork is completed accurately and swiftly.
Grounds for divorce
There is only 1 ground for divorce, that a marriage has irretrievably broken down. However, the petitioner must prove 1 of 5 facts as follows:
- That the spouse has committed adultery and the petitioner cannot be expected to continue living together;
- The Spouse has exhibited unreasonable behaviour and the petitioner cannot be expected to continue living together;
- The Spouse has deserted the petitioner for a period of 2 years;
- The petitioner and the spouse have been living separately for more than 2 years and both parties agree to a divorce;
How is judicial separation different from divorce?
In judicial separation the parties remain married but do not live together. The petitioner for judicial separation will only have to apply for one decree instead of decree nisi and then a decree absolute with divorce.
For judicial separation there is no need to have been married for 12 months but the petitioner must still prove one of the five facts. There are also other implications, with regard to pensions and other matters, please consult us for further advice.
Basic divorce Procedure
The divorce procedure is administrative as long as the other party does not defend it. In most cases, the procedure is completed in four to six months. The process commences by filing a standard form petition at court that sets out the details of the marriage, any children and the grounds for divorce. A fee and accompanying documents are also required.
For further details please see our divorce frequently asked questions (FAQ’s page)