You believe your partner is unfaithful, and you want to get a divorce. But that’s easier said than done in the United Kingdom. Before you can part ways, you have to prove that adultery was committed in the first place.
In the UK, adultery is present if a married man has sex with a woman other than his wife; or if a married woman has sex with a man other than her husband.
While some people confuse one for the other, adultery and infidelity are two different things under English law. Adultery refers to sexual intercourse between a man and woman when they are married to someone else.
Infidelity has another meaning. Here, sexual intercourse is not always involved, but it includes physical and emotional acts disloyal or unfaithful to your partner. These include kissing, dating or any behaviour which is not right in a committed relationship or marriage.
No, it’s not, but it is one of the reasons for getting a divorce. That may sound simple, but adultery can be difficult to prove because of the following reasons.
First, adultery can only be cited as grounds for divorce if your partner has had sex with a person of the opposite sex. If your partner had a relationship with someone of the same sex, that’s not adultery under UK law. This means you can’t use this as a reason for getting a divorce.
In the same way, adultery is not present if your partner is in a homosexual relationship or has a same-sex extramarital affair.
To complicate things, you must prove that your marriage has broken down before you can get a divorce. Aside from adultery, there are four grounds for divorce:
Contrary to popular belief, the use of online dating apps or sites does not constitute adultery. While intimacy may be present when communicating with other people using these apps, that alone doesn’t justify divorce. As explained earlier, there have to be sexual relations with a person of the opposite sex.
Also, you can’t get a divorce if you continue to live together with your partner. There must be a period of separation for six months or more after you learn that your partner has been unfaithful. If you still live together, you can’t use adultery as an excuse for divorce.
For these reasons, divorce due to adultery is less common than you think. If they believe their partner has been unfaithful, most people cite “unreasonable behaviour” instead.
There are various reasons for getting a divorce, but one thing is clear: it can greatly affect your life and strain your relationship. Therefore, it’s important to get expert legal advice.
The compassionate divorce lawyers of Deo Volente (DV) Solicitors in Bedford, UK, can guide you through this difficult and painful process so you can act accordingly. We will help you hurdle this obstacle without going through costly court battles and tense situations.
For more information, visit dvsolicitors.com, call 01234 350 244, or email info@dvsolicitors.com.
Some family relationships break down over time. That’s a fact. When you want to resolve these issues in a non-confrontational way, this is where collaborative family lawyers come in.
The goal of collaborative law is to reach fair and mutually acceptable agreements made binding by a court order. This is done via a series of collaborative meetings instead of stressful, costly, and time-wasting court proceedings.
To benefit from it, the first step is for both parties to sign a participation agreement.
The agreement shows that you are ready to resolve all issues caused by your relationship without going to court. This is often done with the help of collaborative family lawyers.
To do this, you and your former partner (or family member in the case of a family dispute) have to attend several four-way meetings with your lawyers.
Next, you decide on the rules and agenda you want to follow and bring other experts who can help. This can include life coaches, family counsellors, and financial experts.
By doing so, you can find creative solutions to problems. When an agreement has been reached, your collaborative family lawyers can produce a settlement agreement. This is submitted to a court for approval for it to become a binding order.
Aside from giving you less stress and conflicts, collaborative law agreements are usually done in about three to four months. In contrast, a court hearing can last from nine months to two years.
With collaborative family law, you can save time and money. While each case is unique and outcomes can be different, the collaborative law process will certainly reduce legal and court fees than a contested hearing.
Our collaborative family lawyers have the experience to guide you through the process and help you make the right decisions. Instead of litigation, explore what collaborative law can do for you with the help of our professional solicitors.
Visit the caring staff of Deo Volente (DV) Solicitors in Bedford before going to court. We are here to make things easy for you and help resolve problems quickly and easily. Our collaborative family lawyers are ready to lend a hand to give closure to your case at the soonest possible time.
Have a cup of tea with us to discuss this matter. We are always here for you. For more information, visit DV Solicitors, Solicitors in Bedford call 01234 350 244, or email info@dvsolicitors.com.
Divorce is common in the United Kingdom. Studies show that the average divorce rate in England and Wales is 33.3%. This is based on all marriages over the past 50 or more years between 1964 to 2019.
In 2019, divorce rates also increased among opposite-sex couples to 8.9 divorces per 1,000 married men and women aged 16 years and over. Previously, that figure was 7.5 in 2018.
With all this happening, you’d think that divorce can take years to complete and entail many problems. However, the divorce process in the UK is not difficult. Uncontested cases can take as little as four to six months.
However, if couples cannot agree on financial matters, that’s when things get messy. At times, the long wait can stretch up to a year before a marriage ends and financial problems are resolved. Fortunately, you can easily file for divorce in the UK. There are now dedicated regional divorce centres to speed things up.
Previously, district judges had to check divorce papers that were filed at local county courts. HM Courts and Tribunal Service changed that.
Still, couples must wait for six weeks and a day before they can expect either a decree nisi (a document stating that the court sees no reason you can’t get a divorce) or a decree absolute (which legally ends your marriage).
Often, delays in divorce are caused by couples who try to find a solution to their problems. These delays can be costly and nerve-wracking, especially if couples can’t stop the inevitable. So, how do you get a divorce? To speed up the divorce process and avoid prolonging the agony, consider these things:
Agree with your spouse on the reason for your divorce
Agree on finances and contact arrangements for the children. Not seeing eye-to-eye on this matter can make things difficult.
Avoid making mistakes in your divorce papers. Seek legal help when needed to reduce errors that could further delay the process.
Before getting married, have a pre-nuptial agreement.
This is a contract that is decided between both parties explaining how the money, any properties and other assets will be used during marriage and how this will be divided if the marriage ends.
Having a pre-nuptial agreement can reduce headaches and diffuse arguments regarding finances.
Married couples can have a similar arrangement. This is called a post-nuptial agreement. It allows couples to make financial arrangements if the marriage breaks down. Lastly, don’t delay or ignore paperwork to save time and money.
These simple steps can prevent costly divorce proceedings and diffuse tensions. Instead of going to court, remember that it’s always a good idea to plan to make things easier if your marriage ends in divorce.
Divorce can be difficult, especially if you are unprepared to deal with it. That’s why it pays to get legal help. If you are considering getting a divorce, be sure to consult the caring and compassionate lawyers of Deo Volente (DV) Solicitors in Bedford UK. Our family law solicitors will give you the honest advice you need to resolve your problem quickly.
For more information, visit dvsolicitors.com, call 01234 350 244, or email info@dvsolicitors.com.
Divorce is the formal legal cease of a marriage. Every year, thousands of children experience the stress and trauma that comes along with it. If you and your spouse decide to get a divorce or legal separation and have minor children together, you will have to make significant decisions.
According to studies, most kids will suffer for a short period after a marriage breaks, but what exacerbates and stimulates their stress levels is that they feel torn between two parents.
Matters like needing to figure out where and with whom the minor children will live or whose legal responsibility will it be in making decisions for them, such as the school they will attend and who will provide their medical care. You will also have to agree on how they will be supported financially.
If you and your spouse do not agree on these conditions, that's the time when the court will decide them for you.
If your marriage has hopelessly gone downhill and you plan to divorce your spouse, you'll need to comply with the divorce process to obtain an absolute decree.
Most people are not sure how to get a divorce. All they know is the complexity that comes with the procedures.
At Deo Volente Solicitors, our experts usually help clients get a divorce that usually takes effect 4-6 months and sometimes even faster if both parties agree to the divorce matters and why they should legally separate.
There's an immense landscape that lies behind a divorce, and there's much to know about the process, as England and Wales do not have similar laws to Scotland and Northern Ireland. We understand that you might have many concerns, and one of your questions is most likely about the cost.
The answer to that question will depend on many different things, including whether your spouse is combative or collegial, whether you have children at home, how much property and the debt you have to divide between you, whether one of you is requesting alimony—and the list goes on.
At DV Solicitors, our expert divorce specialists explain the stages to our clients step-by-step, so they grasp the whole process's requirements.
Our family litigators believe that getting legal support will help arrange a fair agreement and eliminate the need for your children to be put on your divorce process's pedestal.
We have saved thousands of parties the potential cost of paying to represent a child and the uncertainty of allowing the court to make a ruling that leaves both parties unsatisfied.
Reach out to us today and talk to one of our consultants, so we can give you a feasible timeline and guide you throughout the stages, including if your ex-partner doesn't cooperate.
The timescales for divorce have been affected due to COVID-19. A more realistic timeline would be five to 7 months, providing both parties can agree to the divorce.
Since the outbreak of the novel virus, the National Domestic Abuse helpline has seen a tragic 25% increase in calls and online requests for help since the infancy of the lockdown.
Domestic abuse can consist of the following, however, this is not an exhaustive list:
· Physical abuse
· Emotional and psychological violence
· Financial abuse
· Coercive control
Domestic abuse is a serious issue that affects many families. Evidently, the impact of self-isolation whilst in an abusive relationship has the potential to intensify a dangerous situation. A home is supposed to be a safe haven. For many this is not the case. Victims, who are isolated, are left with their perpetrators and unable to access their usual means of support.
Government guidelines state that individuals should not leave their house unless it is for an essential reason. However, Section 6 (2)(m) of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 makes provision for people to leave their homes in order to avoid injury, illness, or to escape the risk of harm. This provision makes an exception for those at risk of domestic abuse as they can leave their homes to escape such a dangerous situation.
Charities are frequently advising that victims should ensure they have a close contact, such as a family member or even a close friend. They can stay with or contact this person if matters escalate and they need to leave their homes immediately.
Alternatively, there are a variety of options available to victims of domestic abuse. Court Orders being one of them. People who are experiencing domestic abuse can contact us to discuss the possible options available to them.
The 2 main remedies are a Non – Molestation Order and an Occupation Order. This gives victims the ability to access the courts and a means of escaping their abuser, despite restrictions in place to prevent the spread of coronavirus.
A non-molestation order protects anyone who suffers from violence, threats of violence, intimidation, harassment, or pestering. In order to apply for a non- molestation order there is not a specific category that you need to fall into. Generally, non- molestation orders are made for a period of 6-12 months, but these orders can be extended. A breach of the order can lead to a criminal offence and gives the police the power to arrest the respondent.
Alternatively, an occupation order regulates the occupation of the home. It can exclude the abuser from living in the home or prevent access in certain areas of the home. As aforementioned, it covers a wide range of reasons for which a person can apply.
If you are a victim of domestic abuse or have any concerns about someone who is, give us a call on 01234 350 244 and we will be happy to assist you.
The government is to introduce a ‘No Fault’ reform for divorce law. This will remove blame from divorce proceedings allowing couples to focus on the more important matters.
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