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Browse our 2 legal questions about Divorce & Separation in United Kingdom and the lawyer answers, or ask your own questions for free.
In Barnsley, United Kingdom, divorce and separation are governed by the English and Welsh legal systems. Divorces are not granted lightly and require one of five grounds for divorce: adultery, unreasonable behaviour, desertion, two years separation with consent, or five years separation without consent. For a legal separation, things might look slightly different as there's no need to prove any of these five criteria. A Separation Agreement can be sought when a married couple decides to live separately but do not wish to file for a divorce.
Divorce and separation can be complex legal proceedings that involve crucial aspects such as splitting of properties, deciding who has custody of children, and establishing an agreeable amount of financial support. You may need a lawyer when your spouse has one, both parties can not agree on the terms of divorce, when the marriage has complexity like shared businesses or foreign assets, or when there are minor children involved. A lawyer can help you fully understand your legal position, rights, and provide accurate advice on the documentation required.
In Barnsley, like any other part of the UK, a divorce application can be made by one spouse (the petitioner) alleging that the marriage has irretrievably broken down due to one or more "facts" (adultery, unreasonable behaviour, desertion, two years’ separation with consent, or five years’ separation without consent). A divorce will only be granted if the court is convinced of these facts. For legal separations, the court doesn't need to be convinced of these facts but would require a clear agreement between the parties involved.
A divorce legally ends a marriage, allowing both parties to remarry, while a legal separation is simply a court order that specifies the rights and responsibilities of every spouse while they are living apart, without ending the marriage.
In the UK, a straightforward divorce without any disputes over children or property usually takes between four to six months. However, it can take longer if there are any complications, disputes, or if court schedules are full.
After being separated for five years, you are eligible to file for a divorce without your spouse's consent.
Child custody is determined based on the best interest of the child. If the parents cannot agree, then the court decides based on different factors such as the child's age, parents' health, emotional ties, etc.
What happens to the family home depends on different factors including whether there are children in the family and their needs, mortgage payments, and the financial needs of both parties. The court may decide to grant ownership to one spouse or order the sale of the property.
There are numerous resources available for those seeking advice on divorce and separation in Barnsley. Some government resources include GOV.UK’s divorce guide, Citizens Advice Bureau, and Legal Aid Agency. Various charities such as the National Family Mediation and Relate offer advice on separation and divorce as well.
If you require legal assistance in a divorce or separation, your first step should be to seek legal advice. Contact a solicitor specializing in family law. You may also wish to seek mediation services, which can be a cost-effective and less combative way of resolving disputes.
