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mercredi 25 septembre 2013

Understanding Divorce

By Kate Frank


This might not be as surprising as you'd think, but there are marriages ending all the time. In fact, studies have shown that nearly one in every three marriages will end in divorce. This rate could even be more for couples that are not married. The truth is, you need to know what to do in case your relationship falls apart.

Among the first things to understand, is that there is nothing particularly troubling or difficult about getting a divorce. Law solicitors are responsible for sorting out the main factors in a split, such as: the financial division, the guardianship of the children, and the division of the estate.

You should not shy away from seeking this kind of legal advice if you find your own marriage is reaching an end. This section of the site can get you into contact with particular family law and divorce solicitors to help you determine the next move to make and the wisest approach for a divorce that is less messy than most. There is a separate section for unmarried couples looking to see what options exist for them in their separation.

According to the legal system of Wales and England, there is really only one way that a divorce is to be granted. This is when the court and the parties involved are able to deduce conclusively that a marriage is beyond a point in its decline that it can be salvaged or saved. This is not usually a hard point to sell either, as the base of this argument can be rooted in only one of five potential reasons.

If a spouse feels as though their relationship has reached this point of irreparability, than they have to file paperwork known as The Petition. This then makes that spouse what is known as the Petitioner and the other the Respondent. When filling out the application, the Petitioner must provide one of five specific examples that have been the basis of divorce for generations.

In order for a proceeding, the court has to take this evidence that has been submitted and accept it. The five bases for potential divorce proceedings are: Infidelity, Unreasonable Behaviour, Desertion for more than two years, separation for two years, or five years of separation.

To put this in perspective, many of the cases that are submitted to the court are undefended and just accepted based on one of the first two potential pieces of evidence. The others require separation of spouses for two or more years, and this is usually not a case.

The person who actually draws up the application should take the time to tell the other spouse involved if possible. This will allow a more civil proceeding. It will also allow you both a chance to divvy up things as you can agree on, which can keep costs down and time shortened.




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