HOW DO I START A DIVORCE? In order to get divorced you must have been married for at least 12 months and be able to show that the marriage has irretrievably broken down. There are five facts which can be used to prove this. These are:- 1. Adultery by the other spouse 2. The other spouse's unreasonable behaviour 3. You have been living apart for at least 2 years and the other spouse consents to the divorce 4. You have been living apart for at least 5 years 5. You have been deserted by your spouse for at least 2 years You will need to issue a divorce petition on the basis of one of the five facts. For civil partnership dissolutions you can rely on one of the facts above, apart from adultery, which was omitted from the legislation. Although adultery can be included as part of an unreasonable behaviour petition. HOW LONG DOES A DIVORCE / CIVIL PARTNERSHIP DISSOLUTION TAKE? The process will usually take at least six months. Where there are financial matters to be resolved, it is often advisable to ensure these are dealt with before the divorce or dissolution is finalised. As a result the divorce can take longer, typically between six months and a year. IF MY PARTNER MOVES IN WITH ME WILL THEY GET AN INTEREST IN MY PROPERTY? There are no laws to automatically protect those who cohabit together and give them rights to each other's property. However under property law principles it is possible that an individual could potentially acquire an interest in a property that they live in, for example if they make contributions to the mortgage or pay for improvements to the property. The only way to regulate your finances if you intend to cohabit with someone is to enter into a cohabitation agreement. IF I REACH AN AGREEMENT WITH MY EX ABOUT CONTACT ARRANGEMENTS FOR OUR CHILDREN DOES IT HAVE TO BE IN A COURT ORDER? No. The court operates a 'no order principle' which means that if you are both capable of reaching an agreement then the court do not need to be involved. The court will only step in if an application is made by a parent because they are not happy with the arrangements or the contact regime has broken down. The court would expect the parents to have considered mediation as a means to resolve any dispute, and the parents may also benefit from input from family law solicitors to help them negotiate. I NEED PROTECTION FROM AN ABUSIVE PARTNER, WHAT CAN I DO? The police have a wide range of powers to help if you are suffering from domestic abuse or harassment and should be contacted if you are having any difficulties. There are also additional protections such as injunctions which a family law solicitor can help you obtain. These include non-molestation orders, which prohibit the person from harassing or molesting you and can include a requirement they cannot contact you or come within a certain distance of you. You can in certain circumstance obtain an occupation order which will require the other party to leave the family home. I WANT TO MOVE ABROAD WITH MY CHILDREN, BUT THE OTHER PARENT DOES NOT AGREE. WHAT SHOULD I DO? You will need to make an application to the court for permission to relocate with the children. The court will then have to determine whether it is in the children's best interests to move and will consider the arguments of both parents. You must be aware that taking the children without the agreement of the other parent who has parental responsibility, or the permission of the court, is child abduction. If you have any other family law queries please feel free to contact the Gateley family law team on 0161 836 7700 or by email at JRadcliff@gateleyuk.com You can also follow us on twitter at @gateleyfamily
Gateley provides a specialist family law service with a team based in Manchester. Elizabeth Hassall heads up the family law team, assisted by Esther Edmondson and Joanne Radcliff.
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