Family
Divorce
Lyons Davidson offers expertise on divorce and separation issues when your marriage breaks down. We can help guide you through what may be a difficult time.
Counselling for you both as a couple, or individually, may be beneficial and we can help you find a specialist counsellor.
Divorce is a court process, by which a marriage is formally dissolved. The divorce procedure begins with a Petition and ends with Decree Absolute. We can provide you with comprehensive advice in relation to the process together with advice on separate but related issues arising from the divorce such as financial and children issues.
In order to seek a divorce, you must have been married for at least one year and you must prove that your marriage has irretrievably broken down. This must be proved by one of five facts: adultery, behaviour, desertion, two years separation with the consent of both parties, or five years separation without consent from the other party. The court procedure normally takes four to six months.
We can advise you which “facts” are appropriate in your circumstances.
In rare cases, it may be appropriate to obtain a decree from the Court confirming you will live apart from your spouse, but remain married to him or her. This is called a “Judicial Separation”. The “facts” are the same as for a divorce. There may also be questions about the validity of your marriage which would mean the issue of special “nullity” proceedings.
We will discuss with you which option might be appropriate.
Contact: James Myatt or Louise Higham