The UK Divorce Law (England and Wales) specifies that divorce can be granted based on the following five categories:
The divorce rate has shown that the highest category where divorce was granted in UK (England & Wales) in the past few years has been based on the grounds of Unreasonable Behaviour. Although, this could possibly be due to the fact that the grounds for Unreasonable Behaviour, in addition to the Adultery, are the only two categories where divorce is granted quickly and almost without any delay. So it could very well be that the divorce in UK for Unreasonable Behaviour is often only used to expedite the proceedings more quickly.
Most divorces can be granted without involving a family divorce lawyer, or even with out going to court. However, it is important to remember that the actual act of getting divorced is relatively simple compared to ensuring that the divorce has been clean and does not leave a person feeling that everything has been lost. It is crucial to use an experienced divorce lawyer as areas such as the finances, residential home, children etc. can all be catered for to the full extent of the law.
Children and the Divorce Law (UK)
Generally 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
fathers who have resorted to extreme measures in order to highlight
the injustice felt. Right or
wrong, as the UK divorce Law stands husbands need to ensure they fully understand
the legal implications of a divorce in England and Wales prior to the legal separation proceedings.
The Divorce Law and the assets (UK)
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 may feel 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 which partner 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 cannot reach an agreement on how the assets 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 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 requires before the division of the assets is considered:
- All financial statements, from 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
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