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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.
Divorce and separation in Leicester, UK are governed by UK family law. This body of law handles matters such as divorce process, division of properties, child custody, and maintenance payments. In general, the court encourages separated spouses to reach amicable decisions regarding division of assets and child custody. However, if this is not possible, the court would intervene to make these decisions.
While it's possible to proceed with a divorce or separation without legal assistance, several situations may necessitate a lawyer. For example, you may need a lawyer when there's a dispute over child custody or the division of significant assets. Disagreements over financial matters, especially if one partner is self-employed or owns a business, can also require legal advice. Lastly, if there is a potential for domestic violence or harassment during or following the separation, professional legal help is recommended.
The UK law states that you can file a divorce if you have been married for at least one year. One partner must prove that the relationship has irretrievably broken down due to reasons such as adultery, unreasonable behaviour, desertion, or prolonged separation. Division of assets is usually decided based on each person's needs, length of marriage, age, and earning capacity. Custody of children under the age of 16 is decided based on their welfare.
On average, an uncontested divorce process takes 4-6 months. However, the duration may extend if disagreements arise concerning financial settlements or child custody.
The spouse who files for divorce (the petitioner) must prove the irretrievable breakdown of the marriage through one of the five grounds: Adultery, unreasonable behaviour, desertion, living apart for more than two years (with agreement), or living apart for at least five years (without agreement).
The division of assets is not always equal. The court will consider factors such as the parties' welfare, financial needs, earning capacity, age, and the length of the marriage.
UK law prioritizes the best interests of the child. The court will consider factors like the child's wishes, their physical, emotional and educational needs, and the impact of a change in circumstances, among others.
No. Although agreement often simplifies the process, it's possible to divorce without your partner's consent after five years of separation.
Citizens Advice, the Family Mediation Council, and the Children and Family Court Advisory and Support Service (CAFCASS) are excellent resources for understanding the process and rights regarding divorce and separation in Leicester.
If you require legal assistance for divorce or separation, identify and reach out to a solicitor specializing in family law. It may be helpful to gather relevant documents such as marriage certificates, financial statements, and records of any previous legal actions. A consultation will help you understand your rights, any potential costs, and the best way forward.
