Divorce and Children
Divorce law concerns not only the breakdown of a relationship and financial issues but also matters affecting children including contact and residence disputes. Mark Lever has many years experience of advising and representing clients in all aspects of family work in the local County Courts:
Reconciliation
You may decide your relationship with your husband/wife or civil partner can be saved. If so we can refer you to a specialist counsellor or mediator who are trained to try and get both parties talking to help you explore a reconciliation.
Divorce
If you are Married or in a Civil Partnership and you have decided that your relationship is over you may wish to start divorce proceedings or in the case of a Civil Partnership dissolution proceedings. You can start divorce or dissolution proceedings provided that you have been married or in a civil partnership for at least 12 months. You must show that your marriage or civil partnership has irretrievably broken down due to one of the following:-
- Your Husband/Wife has committed adultery (this does not apply in the case of a Civil Partnership)
- Your Husband/Wife or Civil Partner’s unreasonable behaviour
- Your Husband/Wife or Civil Partner has deserted you for a period of more than 2 years
- You have lived apart for at least 2 years and your husband/wife or civil partner consents to the divorce or dissolution order
- You have lived apart for at least 5 years
If you decide you want to end your marriage or civil partnership, we can prepare all of the documentation for you and make the application in the local County Court on your behalf.
Property and Finance
We will help you to try and negotiate a financial settlement with your husband/wife or civil partner. If this is possible the terms of the agreement will be incorporated into a written Court Order which becomes binding on both parties. If it is not possible to agree a financial settlement by negotiation we can make a financial application and represent you in the County Court.
Children
Children are often the real victims of a relationship breakdown and may suffer as a result long into the future. The welfare of the children of a relationship must come first. We will always try and negotiate an arrangement for the children that both parties are happy with. We have found that where parents can agree residence and contact between themselves the child or children will respond far more positively than where the Court imposes an order.
Separation where the parties are not married
We can also advise you if you are unmarried and you have separated from your partner or are considering separation. We can negotiate a settlement with your former partner and make an application at Court if necessary.
Domestic Violence
If you have suffered domestic violence we can help to protect you. It is usually necessary to make an immediate application at Court for an Order called an Injunction. The Injunction will prohibit your husband/wife or partner from using or threatening violence against you. The Court can also grant you an injunction requiring your husband/wife or partner to leave your home. The Court treats these applications as urgent and it is often possible to get an injunction on the same day as the application.
