Divorce Solicitors London | Separation Harrow & London, UK
As wholly specialist family lawyers, Goodwins Family Law are experts in divorce in Harrow and London. We aim to achieve a fair resolution to divorce proceedings, and are here to protect your interests. Without a divorce lawyer, you may fail to properly protect your property against a future claim. We explain the three aspects of divorce in clear terms, including the divorce itself, the financial settlement and arrangements for the children. We provide advice and representation to guide you through the process from Petition to Decree Absolute and beyond. Where you cannot agree terms as to how the matrimonial assets and debts are to be divided, we can help you negotiate a settlement. We can complete all the necessary paperwork for you and guide you through the Court process at each stage. If necessary we can help shorten the process through discussion and negotiation. When people use the terms "divorce" and "separation" they often mean different things. When a married couple decide to end their relationship there are four options available to them. Informal separation This could arise in a number of ways ranging from the parties simply deciding to live separately whilst residing in the same property, to one of them moving out or agreement to sell up and go their separate ways. They may decide not to formalise their separation in any way. The problem is that the claims that they each have against the other arising out of their marriage are left unresolved and can be made at any time in the future - even 10 or 20 years later, or perhaps after you have won the lottery! Formal Separation A formal Separation Agreement is a legal document which to be binding must satisfy a number of requirements including the need for independent legal advice and disclosure of their financial position. They may be relevant where the parties do not wish to divorce immediately. The risk is that they may not be legally binding and in practice they are rare. Judicial separation These proceedings are similar to that of divorce but do not dissolve the marriage so that the parties are not free to remarry. They may be relevant for parties who, for cultural or religious considerations, do not wish to enter into divorce proceedings. The financial outcomes available in these proceedings also differ to that of divorce in some important aspects. Divorce This is the judicial process where the marriage is dissolved. The grounds which enable you to obtain a divorce are set out below. This is the most common route that people choose where the marriage is at an end, as it also enables a conclusion to be obtained as to their respective financial claims against each other arising out of their marriage. Grounds for divorce in England and Wales Attempts to replace the current fault and separation based grounds with "no fault" divorce procedures have failed and regrettably it appears that the present Petition grounds will be with us for the foreseeable future. In order to have a divorce in the United Kingdom it must be shown to the Court that the marriage has "irretrievably" broken down and that one of the five grounds laid down by statute can be proven to have occurred. These are: 1. AdulteryThe relevant rule states that a "Co-Respondent" should not be named unless the Respondent, that is, the person being divorced, is to "object", that is, to defend the Petition. 2. Unreasonable behaviourThat is, the "Respondent" has behaved unreasonably. The professional protocol that we are subject to states that the allegations should be kept as concise and as non-contentious as possible although there must be sufficient weight in the allegations to allow the Court to grant a divorce under this ground. 3. Two years' separationYou and your spouse have been separated for a period in excess of two years and your spouse agrees to a divorce on this ground. 4. Spouse's desertionYour spouse has deserted you for a period of two years. 5. Five years' separationThere has been a five year period of separation. You will see from the above that, unless there has been at least a two year period of separation, to obtain a divorce there must be allegations made of adultery or unreasonable behaviour. The Family Law protocol encourages the sending of the draft Petition to the Respondent in advance of the issue of the proceedings in order to try and ensure that the proceedings may be as amicable as circumstances allow. It is important that we know if your spouse is a foreign national and/or may be domiciled or resident in another country. In certain circumstances, this can mean they could have the ability to issue proceedings for divorce in another country before you and where the law might be less favourable to you than in this jurisdiction. Divorce procedure The grounds and facts relied upon are set out in the divorce "Petition", also known as an "application for a Matrimonial Order" (unfortunately and confusingly the current forms and rules often have differe