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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.
United Kingdom law governing divorce and separation applies uniformly across the country, including in Southampton. Ending a marriage or a civil partnership involves legal procedures which are governed by the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004 respectively. The laws come into force when a relationship has broken irretrievably.
Seeking legal advice is crucial when dealing with issues around divorce or separation. These matters often involve complex legal principles and procedures. A lawyer can advise you on rights, responsibilities and the potential impact, especially around finances, property and child custody. If your case goes to court, it's strongly recommended to have a lawyer represent your interests.
In Southampton, as across the rest of England and Wales, either one of the spouses can start divorce proceedings if the marriage has broken down irretrievably. Grounds for divorce include adultery, unreasonable behaviour, desertion, or living apart for a certain length of time. A separation agreement is also an option where both parties can agree on such matters as financial arrangements and issues related to children without having to go through a divorce.
The process is the same across England and Wales. One party must submit a divorce petition to the court, and if the other party agrees, the court will grant a decree nisi. After a cooling off period of six weeks, the court can then grant a decree absolute which finalises the divorce.
The length of the entire process could be between 4-6 months. However, this is a rough estimate and depends on individual circumstances and how quickly the courts are processing applications.
Legal aid is usually not available for divorce unless there has been domestic abuse, child abduction or if there's proof of a lack of financial resources.
If your partner defends the divorce, the process becomes more complicated and might take longer. In this situation, legal counsel is highly recommended.
Divorce legally ends a marriage, whilst separation might involve living apart without ending the marriage legally. Parties may opt for legal separation instead of a divorce for religious reasons, pension benefits, or to retain certain insurance coverage.
Organisations such as Citizens Advice and Resolution can provide useful advice. The Government's own websites provide a wide range of resources. It's important to do your own research, but remember that getting professional legal advice is the best way to ensure your interests are protected.
If you need legal assistance, consider consulting a solicitor who specialises in family law. You may also wish to seek advice from local legal aid services if you qualify. It may be beneficial to prepare a list of things you wish to discuss in advance of any meetings.
