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Free Guide to Hiring a Family Lawyer
Browse our 2 legal questions about Divorce & Separation in United Kingdom and the lawyer answers, or ask your own questions for free.
En temas del derecho de menores, no es posible que, de forma unilateral, la madre pueda decidir sacar al niño del país sin consentimiento del padre. Dependiendo de la legislación del país donde se encuentre, existen varios requisitos para hacerlo....
Read full answerGood day. It is not a complex situate and we can help. We are a law firm that has license to practice in England.
Read full answerDivorce and separation law in Bournemouth operates under the legal framework of England and Wales. The process focuses on formally ending a marriage or civil partnership or arranging a separation between partners. Divorce involves the legal termination of a marriage, while separation can address the practical and financial arrangements when couples choose to live apart without ending their marriage or partnership. The family courts in Bournemouth handle these matters, ensuring that decisions are made fairly for all parties involved, including any children.
Engaging a legal professional is advisable in many divorce and separation cases. Here are common reasons why you may need a lawyer:
- Disputes regarding custody or living arrangements for children. - Complex financial matters, such as dividing property, savings, businesses or pensions. - Experience of domestic abuse, coercive control, or safeguarding concerns. - Need for legal representation in court proceedings. - Drafting or negotiating legal agreements, such as consent orders or separation agreements. - Ensuring your interests are protected if your former partner already has legal representation. - Difficulties in communication or cooperation with your partner. - International aspects, such as assets abroad or where one partner lives overseas.
Bournemouth follows the divorce and separation laws set out for England and Wales. Key aspects include:
- Since April 2022, the law allows for "no-fault" divorce, meaning you do not need to assign blame for the marriage breakdown. - Either spouse can file for divorce if the marriage has irretrievably broken down, or for dissolution in case of civil partnerships. - There is a minimum waiting period of 20 weeks from the start of proceedings to the Conditional Order, and another 6 weeks for the Final Order. - The welfare of any children is a top priority when deciding arrangements for residence, contact, and financial support. - Financial settlements cover division of property, savings, debts, pensions, and spousal or child maintenance. - Legal Aid may be available in limited circumstances, primarily where there is evidence of domestic abuse or child protection issues.
Since the introduction of no-fault divorce, you only need to state that the marriage has irretrievably broken down. You do not need to prove adultery, unreasonable behaviour, or other previous grounds.
The legal process usually takes a minimum of around 6-8 months, including the required waiting periods. Complex cases or contested proceedings may take longer.
Divorce legally ends a marriage, while separation involves living apart without formally ending the marriage or civil partnership. You can agree arrangements for finances and children without divorcing.
Finances are divided based on fairness and need, considering factors such as income, property, pensions, and the needs of any children. The court can issue financial orders if parties cannot agree.
You and your former partner can agree arrangements for your children. If you cannot agree, the court will decide based on the best interests and welfare of the children.
Legal Aid is only available in circumstances involving domestic abuse, child protection issues, or in some mediation situations, subject to a financial means test.
Most divorce applications are processed online and do not require a court appearance unless there are disputes about children or finances. In those cases, you may need to attend hearings at the Family Court.
Your home is considered as part of the financial settlement. It may be sold, transferred to one party, or retained for the children to live in, depending on your circumstances and any agreement or court order.
It is possible to manage your divorce yourself, especially in straightforward cases without children or significant assets. However, getting legal advice is recommended if there are disputes or complex matters.
The new no-fault divorce law means consent is not required from your partner to proceed. They will be notified of the application, but their agreement is not necessary to finalise the divorce.
There are several helpful resources and organisations in Bournemouth and nationally for individuals facing divorce or separation:
- Citizens Advice Bournemouth Christchurch & Poole for local legal and practical support. - The Family Court at Bournemouth handles divorce, child arrangements, and related orders. - The Law Society provides a register of regulated solicitors specialising in family law. - Bournemouth Domestic Abuse Outreach for support if abuse or coercion is involved. - Gov.uk for official guidance on divorce, separation, and child arrangements. - Bournemouth and Poole Family Mediation for help reaching agreements outside of court.
If you are considering divorce or separation in Bournemouth:
- Reflect on your needs and concerns regarding children, finances, and property. - Gather relevant documents, such as marriage certificate, financial records, and details of assets. - Consider seeking initial advice from local Citizens Advice or a family law solicitor. - If possible, engage in open discussions with your partner about arrangements. - Explore mediation services to help reach agreement, which may save time and costs. - If you need formal legal support, contact a qualified family lawyer in Bournemouth. - For urgent situations, such as domestic abuse or safeguarding concerns, contact the police or appropriate support services immediately.
Taking timely and informed action will help protect your rights and make the process smoother for all involved.
