Divorce and Separation
Going through divorce or separation can be one of the most traumatic experiences in a person’s life. Understanding family law can be complex when emotions are involved.
With the legal advice of experienced divorce lawyers, you have the advantage of a knowledgeable professional to represent your case.
Our team of Lincolnshire based family law solicitors and divorce solicitors are authorised and regulated by the solicitors regulation authority. This means you can be sure to get a professional, fair service from start to finish from a reputable law firm. We cover a wide range of legal services related to divorce and separation including; Wills & Probate, Children Matters, Conveyancing and Pre-nuptial & Post-nuptial agreements.
Throughout our offices, we have qualified local divorce solicitors in Lincoln, Boston, Grantham, Newark, and Sleaford.
Get in touch for a free initial meeting to discuss your situation.FREE Initial Meeting
Can I get a divorce?
To apply for a divorce in England and Wales, you need to meet the following conditions:
- you’ve been married for over 12 months
- your relationship has broken down based on at least one of the 5 grounds for divorce
- your marriage (including same-sex marriages) is legally recognised in the UK
- the UK is your permanent home, or the permanent home of your husband or wife
If you do not want to begin divorce proceedings, or you have been married for less than 12 months, you can apply for a legal separation. The family law solicitors Ringrose Law can also help you through this process.
Do I have grounds for divorce?
Divorce proceedings in England and Wales must meet specific grounds as defined by law. You will need to prove to the courts that your marriage has broken down. You must meet one or more of the 5 reasons (also known as ‘facts’) as grounds for divorce.
Either you or your husband or wife has had sexual intercourse with someone else of their opposite sex.
However, adultery cannot be given as a reason for divorce if you continue to live together as a couple for more than 6 months after you (or your partner) found out.
Either you or your husband or wife has behaved in a way that you cannot be expected to live with them.
Unreasonable behaviour could include issues relating to:
- Domestic abuse
- Physical, verbal or mental abuse
- Drunkenness or drug-taking
- Refusal to pay towards shared living expenses
Your husband or wife has left you for at least 2 years before you apply for divorce.
Separated for at least 2 years
If you and your husband or wife has been separated for at least 2 years before applying for divorce, you can both agree to a divorce.
The court will require your husband or wife agreement in writing.
Separated for at least 5 years
If you have been separated from your husband or wife for at least 5 years, you will be able to apply even if they disagree.
Here to help...Need help with your divorce? Contact Ringrose Law.0333 3580 393Contact Us
Dissolving Civil Partnerships
You can apply to dissolve a civil partnership you have been in only when you have been in the partnership for over 12 months.
You will need to prove that your partnership has broken down and is irreversibly damaged based on 4 reasons (also known as facts).
If you have been in a civil partnership for less than 12 months, you can apply for a legal separation. The family law solicitors at Ringrose Law can help you process a legal separation.
Grounds for dissolving a Civil Partnership
Civil Partnerships in England and Wales must meet at least one of 4 different reasons (also known as facts) as to why the partnership has broken down.
If your civil partner has behaved in a way that means you cannot be expected to live with them you may have grounds to dissolve your Civil Partnership.
This could include:
- Physical and/or mental abuse
- Verbal abuse
- Lack of responsibility with money
- Being sexually unfaithful
Your civil partner has left you for at least 2 years.
Separated for at least 2 years
If you and your civil partner been separated for at least 2 years before applying for dissolution, you can both agree to a dissolution.
The court will require your civil partner’s agreement in writing.
Separated for at least 5 years
If you have been separated from your civil partner for at least 5 years, you will be able to apply for dissolution even if they disagree to it.
A Pre-nuptial Agreement provides people with reassurance that their pre-marriage assets are protected. With one-third of marriages ending up in divorce having a Pre-nuptial Agreement in place is becoming more and more commonplace.
Meanwhile, a Post-nuptial Agreement is a contract drawn up during a marriage or partnership and details how a couple will split their assets in the event of a divorce, separation or death.
Our family law solicitors can help draw up nuptial agreements either before or after marriage.
Financial Issues stemming from divorce
Financial issues are a common area in divorce cases. Obtaining a fair financial settlement that addresses the needs of both spouses and any children is a complex matter.
Negotiations need to consider many different income streams and assets held by the divorcing spouses. These could include:-
- Redundancy payments
- Compensation payments
- Any assets held abroad or offshore
Where possible, emergency action may also be required through the courts to freeze assets through injunctions.
The family law solicitors at Ringrose Law are skilled negotiators who will be able to protect your claim and represent your matters and best interests during your divorce.
Children issues from divorce
If there is a child or children involved in the divorce or separation because of the marriage, relationship or other means, then a Statement of Arrangements will need to be prepared.
Such statement sets out agreed arrangements as to where the child or children will reside and other responsibility.
Options for Dispute Resolution and Mediation
Not all proceedings need to be handled through the courts. Mediation is an option that allows separating or separated couples to agree on arrangements for themselves and their children in a controlled environment.
The Mediation process can allow you to achieve an outcome that is tailor to your own family matters rather than having an outcome imposed upon you by the courts.
Mediation services are an independent and impartial Family Law specialist. They are not necessarily lawyers, but arbiters to help structured conversations, support and advice. They can help you resolve conflict and disputes while working towards a joint solution and arrangements.
It is possible for you to meet with the Mediator alone throughout your negotiation if you do not wish to see the other party.
If you are interested in Mediation, our solicitors in Lincoln can provide more information and assist in scheduling a session.
Do I need a solicitor to apply for divorce?
Whilst it is not required to seek legal guidance to apply for divorce, a divorce solicitor will be able to offer expert legal advice and knowledge that could help your case.
A family law solicitor can give advice if you:
- Own a lot of assets such as property or investments.
- Own and operate a business with your husband or wife.
- Are at risk of domestic abuse or being made homeless.
- Being restricted access to your child or children by your husband or wife.
- Are unsure that you would get a fair settlement in the divorce.
- Find yourself in a vulnerable financial position.
- Got married aboard, or you, or your husband or wife, or your child or children have non-UK nationality.
- If disputes mean you are unable to speak to your husband or wife directly.
How can a solicitor help?
A specialist divorce solicitor can help you in this difficult time by:
- Explaining the process to you and what you need to do at each stage.
- Discussing options such as legal separation or mediation with you.
- Support you with any financial or child or children matters.
- Filing the necessary paperwork with the courts in regards to your divorce.
- Helping you negotiate an agreement with your husband or wife without going to court.
- Representing you and your case if your divorce does go to court and explain the judges ruling to you.
- Offering legal advice and legal services in other areas as a result of the divorce such as Wills, Children, and Property.
What are the next steps?
If you are thinking about filing for divorce, or your husband or wife has started divorce proceedings against you, we recommend getting in touch with our Family Law department for a free initial conversation with our team.Contact Lincoln Divorce Solicitors
You can contact our family law solicitors in Lincoln either through our website or by calling us on 0333 3580 393.