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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 law in Liverpool functions under the broader framework of family law in England and Wales. In the event of a relationship breakdown, married couples or civil partnerships often turn to the law to resolve disputes over property, finances, child custody and arrangements. Securing a divorce often includes demonstrating that the marriage has irretrievably broken down, as substantiated by one of five reasons: adultery, unreasonable behaviour, desertion, two years of separation with consent, or five years of separation without consent.
A lawyer can help simplify the complex process of divorce or separation. If the separation is amicable, a lawyer can ensure that all aspects of the divorce—like division of assets or child custody agreements—are legal and equitable. In contentious separations, legal representation can protect your rights and interests. Lawyers can provide necessary advice on filing for a divorce, understanding the local laws, and representing you in court. Furthermore, legal intervention might be required if there are other linked issues such as domestic violence, child protection matters, or if one party disagrees with the divorce.
In Liverpool, the petition for divorce can be filed by either party when the marriage has irretrievably broken down. For a couple with children under the age of 16, a statement of the proposed arrangements for their wellbeing has to be made. Financial settlements and property distribution is decided according to the couple's individual circumstances and fairness. It's important to note that the court gives first consideration to the welfare of the children. The law also demands full transparency from both parties regarding their finances. Failure to provide complete accurate information can be detrimental and result in costs consequences.
On average, a divorce process takes around 4 to 6 months if it is uncontested. However, it can take significantly longer if there are disputes over finances or child arrangements.
If an agreement is reached on all areas and the divorce is uncontested, it is often handled by post and you may not need to go to court. However, if there is disagreement over the divorce or other issues, court attendance would be necessary.
During a divorce, the division of assets is determined according to the individual circumstances and fairness. A solicitor can help negotiate these agreements. If you cannot agree, you may need to apply to the court for a financial order.
In Liverpool, child custody issues are resolved by the court only if it is in the child's best interest. Usually, it is left up to the parents to decide upon.
Yes, a divorce can be contested if one party does not agree on the grounds of divorce. But it is relatively rare, and can extend the legal process considerably.
The Citizens Advice Bureau offers free advice regarding divorce, separation, and family matters that can be a good starting point. For low-income households, legal aid might be available. The Law Society can provide information and direct you towards accredited family lawyers within Liverpool. Additionally, organizations such as Relate and National Family Mediation offer counselling and mediation services that can help manage the stresses associated with divorce.
If you require legal assistance in divorce or separation, considering hiring a local family lawyer who specializes in divorce law. Do conduct research to select a lawyer who suits your needs based on their reputation, area of expertise, and fees. Before officially hiring one, organize an initial consultation to discuss your situation and understand what kind of help they can offer.
