Divorce Law (UK)

The UK Divorce Law (England and Wales) specifies that divorce can be granted based on the following five categories:

• Adultery: UK Divorce Law - Adultery
• Desertion or Separation: UK Divorce Law - Separation
• Unreasonable Behaviour: UK Divorce Law - Behaviour
• With Consent: UK Divorce Law - with Consent
• Without Consent: UK Divorce Law - without Consent

The divorce rate has shown that the highest grounds where divorce was granted in UK & Wales in the past few years has been based on the UK Divorce Law Unreasonable Behaviour. Although, this could possibly be due to the fact that the grounds for unreasonable behaviour and the UK Divorce Law for Adultery are the only two categories where divorce, in England and Wales, is granted quickly and almost without any delay. The unreasonable behaviour is therefore often used only as a way of getting divorced quickly.

Most divorces can be granted without involving a family divorce lawyer, or even with out going to court. However, what people would have to remember is that the actual act of getting divorced is relatively simple compared to ensuring that the divorce is clean and does not leave you feeling that you have lost everything. By clean we mean issues such as finances, residential homes, children etc. are all catered for in the divorce settlement. It is therefore highly recommended that both parties use an experienced Family Divorce lawyer to ensure there are no future complications.

Generally in any divorce the custody of any young children is given to the mother. It is therefore important that the husband understands that in most cases he will inevitably end up feeling like a "victim". This has been clearly highlighted in the media by the husbands and fathers who have resorted to extreme measures to highlight the injustice they feel they have been subjected to. Right or wrong, as the law stands, husbands need to ensure they fully understand the legal implications of a divorce in England and Wales.

The most common scenario (irrespective of which partner is to blame for the divorce) is that the main residential home is transferred to the wife's name and the custody of the children is granted to the wife. The husband is then expected to pay Maintenance for the children. It is not surprising that the husband feels like he has not only lost everything, but that he is being made to pay Maintenance on top. So what should a husband consider during the divorce:

• Regardless of who files for divorce, it is almost impossible to defend a divorce, i.e. expect the court to prevent a divorce from proceeding.
• The court's judgment regarding the assets and the children are not dependent on who is to "blame" for the divorce
• It is not possible in UK for couples to enter into a Pre-Nuptial agreement. The court has total control over how the assets, and the children, are dealt with.
• If the husband and wife can not reach an agreement on how the asset are to be split, the court would then pass judgment.
• The young children will almost always stay with the mother.
• The wife with children who has not worked will be entitled to Legal Aid. However, in some cases, the Legal Aid may take the money from any financial gains that the wife makes.
• It is important to remember that in most cases in UK, in any legal court cases, the "loser" will have to also pay the legal costs of the "winner" (except if the looser has Legal Aid).
• It is also important for husbands to understand that a wife with Legal Aid has almost unrestricted legal financial support, where as the husband would have to pay for legal representation.

So, what would the court ask for before consider how to divide any assets:

• All financial statements, from every and any banks/ building society/ Post Office etc., for a period of the past six months.
• Copies of Credit Card statements for past six months.
• Copies of Pay slips for past six months (including the last p60).
• Make and model of any cars and their values.
• Any properties that are owned and their values.
• Any possession or furniture of substantial value.
• Details of any pension schemes.
• The surrender value of any Endowment policies.
• Details of any expenses necessary to earn your current salary.
• Details of any necessary expenditure on providing yourself with a place to live, which should include your bills etc.
• Any unpaid debts