Divorce and Dissolution of Civil Partnership
Are you considering a Divorce? Please contact one of our specialist Divorce Solicitors on 01629 56660 or make a Free Online Enquiry.
When a couple marry or enter into a Civil Partnership they enter into a formal legal status. The consequence of this it that it requires a legal process to undo the marriage or the Civil partnership.This can be complex and therefore we would recommend that you seek advice from specialist Divorce Solicitors.
Our specialist team of Divorce Lawyers will be able to guide you through the process of getting a Divorce or Dissolving a Civil Partnership. Lovedays Solicitors was established in 1905 and our Divorce Solicitors have been helping people deal in Derbyshire with family problems through out that time. We have offices in both Matlock and Wirksworth. We also offer free initial enquires.
How do you get a Divorce or Dissolution of Civil Partnership?
In order to achieve the termination of the legal status of marriage or of Civil Partnership, it is necessary to start a formal court process by way of a Petition or Application. This will allow you to obtain a formal court Order dissolving the marriage or Civil partnership.
The court operates a standard fixed process for obtaining the decree terminating the legal status of marriage or Civil partnership. Such a decree will only be made where it is shown that the relationship had irretrievably broken down. It is necessary to prove that one of 5 facts or reasons for that irretrievable breakdown have occurred. The person applying to the court must prove one of the following legal grounds is the cause of the breakdown:-
- The other party has committed adultery and the person applying finds it intolerable to live with them (married couples only).
- The other party has behaved in such a way that the person applying cannot reasonably be expected to live with them.
- The person applying has been deserted by the other person for 2 years immediately prior to the application.
- The couple have been separated for the two years immediately prior to the application and the other person consents to a divorce.
- The couple have been separated for the five years immediately prior to the application.
In each case, in order to obtain the divorce or dissolution of civil partnership, it is necessary to provide the court with the details of the basis of the divorce in terms of one of these reasons.
The divorce process requires that the court confirms an entitlement to a decree of divorce or dissolution of Civil Partnership. Once confirmation is given the court will pronounce two separate decrees. The first confirming the entitlement called a decree Nisi and the second confirming that the legal status has ended called a Decree Absolute. It is necessary to wait a minimum of 6 weeks between the decrees.
What if we cant agree on issues such as money or child care?
The application made to the court for the decree of dissolution will only result (if successful) in the order terminating the marriage or Civil partnership. Such an application will NOT result in the court dealing automatically with matters regarding children or money. If it transpires that there are difficulties with either the children or the money which cannot be resolved by negotiations, then if the court is needed to resolve a dispute, a separate court application would need to be made.
In many cases, the decision that the marriage or civil partnership has come to an end is not the cause of dispute between the couple. It is more likely that they will have a dispute about the arrangements for any children or the dealings with the family finances.
Do I need legal advice?
We strongly recommend that you obtain legal advice on the breakdown of your marriage or civil partnership. This is because once proceedings are commenced to obtain the decree ending the marriage or the civil partnership the formal process gives rise to claims by the parties against each other for financial remedy. Such potential legal claims continue until they are dealt with formally by way of a court order. Whilst the order can be an order reflecting an amicable agreement: the fact remains that it is ONLY a court order which will finally put to rest those potential financial claims and conclude that legal side of matters finally.
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