Divorce/Civil Partnership Dissolution
At Horsham Family Law we know that going through a divorce/civil partnership dissolution can be a very stressful and painful experience for anyone, especially children. We aim to make the process as amicable as possible in the least confrontational way.
Grounds for divorce/civil partnership dissolution – The only ground for divorce/civil partnership dissolution is that the marriage/civil partnership has broken down irretrievably. This can be illustrated by one of five facts;
1 – Adultery – The person responding to the petition has to admit that he/she had sexual intercourse with a person to whom they are not married. Adultery is the one fact of divorce that is not available if you are seeking a dissolution of your Civil Partnership.
2 – Unreasonable Behaviour – The courts apply a subjective test i.e what you believe their behaviour to be unreasonable regardless of what your husband/wife thinks. Such examples of unreasonable behaviour include physical / emotional / psychological / financial abuse, jealousy etc.
3 – Desertion – This Fact is rarely used in practice as the facts of separation by consent or five years separation are normally used instead. You have to satisfy the court that the Respondent has deserted you for a continuous period of at least two years before the petition is issued at court. The Respondent must show an intent to desert which is difficult to prove.
4 – Two Years Separation and Consent – This fact is normally used when both parties have been separated for two years and consent to the separation. This is known as a “no fault” divorce/civil partnership dissolution. Two years separation by consent is the most consensual ground and usually no claim for costs is brought by the person issuing the petition.
5 – Five Years Separation – You must have been separated for at least five years before using this fact. The Respondent doesn’t need to consent to the separation unlike two years separation and consent
If all this sounds confusing then don’t worry Horsham Family lawyers can assist and guide you through this procedure.
Feel free to contact us on 01403 255993 or fill in the contact us box and one of our team will call you back.