Vanguard Solicitors

Divorce and separation is a very difficult decision to make and should never been taken lightly. We at Vanguard Solicitors are aware of the sensitivity in this matter and every individual is in a different situation. We will advise you on the grounds of divorce and the law and procedure for your case.

5 Grounds for divorce

There are 5 grounds for divorce which are as follows;

You have to show the court that the marriage has irretrievably broken down. This means that either one or both of you feel that you cannot stay married to each other. Either of you may apply to the court in England and Wales for the marriage to be dissolved as long as you have been married for one year at least and that one of you has been a resident here for the year before your application is made. The application to the court is called a Petition and the spouse who files (sends) the Petition is called the Petitioner. The other spouse is then called the Respondent.

  1. Adultery - Your husband or wife has committed adultery and you find it intolerable to live with him or her. In most cases you prove adultery by your husband or wife admitting it. If not, you will need to speak to your solicitor. (If you carry on living with your husband or wife for more than six months after you find out about the adultery, you will generally not be able to use this as grounds for divorce unless the adultery is continuing.)
  2. Unreasonable Behaviour - Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with him or her. This covers all sorts of bad behaviour. You need to think about the main things that have made your husband or wife difficult to live with. These are summed up in the petition (the application for divorce) in a few short paragraphs. We will aim to send a draft copy to your spouse's solicitor for agreement.
    As with adultery, you cannot rely on single events that took place more than six months before you file your petition, if you have lived together since then unless previous incidents have occurred.
  3. Desertion - Your husband or wife has deserted you for a period of more than two years. Desertion means leaving your husband or wife without his or her agreement and without good reason
  4. 2 years separation - You have lived separately for more than two years and your husband or wife consents to the divorce. This is often called a 'no-fault' divorce. You can have had periods of living together as long as they do not add up to more than six months and you have been apart for least two years altogether.
  5. 5 years separation - You have lived separately for more than five years. Your husband or wife does not need to agree to this. They cannot defend this Petition but they can ask the court not to grant the final decree because of a major financial or other type of hardship.

Separation

If you do not wish to begin divorce proceedings then we will advise you with the separation option.

To be separated, all you have to do is live apart. There are many couples who decide not to divorce but you should carefully consider your options with our Solicitor. It is commonplace to make a Deed of Separation to record any agreement regarding financial matters, children and plans to divorce or not. Care needs to be taken before signing any document as this could be relied upon if a divorce takes place at a later date. If you have both received legal advice, the court would prefer not to overturn the agreement at a later date provided that you had both been honest and there has not been any change in your circumstances. When you are living apart, you are classed as separated by the Inland Revenue and by the Benefits Agency.

Why Choose Vanguard Solicitors?

Competitive Pricing
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You will have direct access to our qualified lawyers, who have in- depth knowledge in the relevant are of law. Upon instructing you will be allocated an experienced lawyer who will contact you within 24 hours to discuss your case.


Relevant Law Explained
Laws in the UK change frequently. Our team of lawyers are trained regularly and are kept up to date on all the latest developments. We will advise you on the law.


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We are proud to claim that through our wealth of knowledge and experience we are able achieve the results that are needed. Our expert Lawyers put their full efforts in your case as we strongly believe in getting for you what you want.


Do you need advice or help with your legal issues?

Our solicitors will hold your hands throughout the process, liaising with all relevant government bodies, including UK Visas and Immigration, British Consulate, overseas agents and where necessary the courts.

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