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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 Manchester, and across the United Kingdom in general, divorce and separation laws are governed under the Matrimonial Causes Act 1973, the Family Law Act 1996, and recently changed Divorce, Dissolution and Separation Act 2020. This encompasses the rules and regulations on the dissolution of marriages, legal separations and arrangements relating to property and children following the breakdown of a marriage.
Engaging a lawyer in divorce or separation proceedings can be essential, especially when complex issues such as child custody, financial settlements, and property division are involved. Lawyers can provide the necessary legal advice and representation, help clarify your rights and obligations, navigate through the often complex legal process, ensure fair settlements, and work to protect your interests.
The British legal system requires that you have been married for at least one year before you can apply for a divorce. Grounds for divorce typically include adultery, unreasonable behaviour, desertion, separation for more than two years with consent, or separation for more than five years without consent. Importantly, the Divorce, Dissolution and Separation Act 2020 enables couples to apply for a ‘no-fault divorce’, removing the requirement to assign blame for the marriage breakdown.
On average, it takes around 4 to 6 months to finalize a divorce if it is uncontested, but it may take longer if there are complications or disputes.
If you have been separated for at least five years, you can apply for a divorce without your partner's consent.
Assets are divided based on the 'needs principle' and the court takes into account factors such as income, earning capacity, property, and other financial resources.
Not all divorce cases need to go to court. If both parties agree on arrangements regarding finances and child custody, it will not be necessary to attend court.
Child custody is determined based on the best interests of the child. Factors like the child's wellbeing, the child's wishes and desires (depending on age and understanding), and each parent's ability to meet the child's needs are considered.
The Citizens Advice Manchester and Manchester Law Society both provide useful resources and access to legal professionals specialized in divorce and separation cases. Additionally, the UK government’s website provides clear guides on the process of divorce.
If you are considering divorce or going through a separation, it is recommended to seek legal advice. Contact a legal professional or access free resources from trusted local organisations. If you decide to hire a lawyer, ensure they specialise in family law. Also, gather all relevant documents (like marriage certificates, financial records etc.) to help your case.
