FDR Law Legal Clinic Legal advice from Jennifer Carr, family solicitor, based at FDR Law’s office in Warrington
Post Holiday Divorce
Q: My husband and I have been growing apart, and after a recent holiday have decided to separate with a view to divorcing. What first steps should we take?
A: Sadly many couples apply for a divorce after a big event or holiday; often they have time to think about how they feel or properly sit down and discuss away from day to day life about what they would like from the future.
Anyone who has been married for over a year may start divorce proceedings on the grounds that their marriage has irretrievably broken down. One of five criteria needs to be met, for example a spouse has committed adultery, behaved in such a way it would be unreasonable to carry on living together or you have been living separately for two or more years and you both agree to the divorce. You may also apply for a divorce if you have been separated for more than 5 years or your partner has deserted you for over two years.
The first stage would be to a find a solicitor that specialises in family law and has experience with divorce. They will help you understand how the divorce process works and what options are available to you as there may be ways settling your divorce, to include the matrimonial finances, outside of the court.
Even with straightforward and amicable divorces, the paperwork can be complex and it is recommended that you employ an experienced family lawyer to work with you these to ensure they are accurately completed and follow the correct procedure. Your solicitor will also be able to represent you in court, if that is necessary during your divorce proceedings.
Applying for a divorce can seem like a daunting process but an experienced solicitor will help you throughout, putting you at ease and will help you achieve the best possible outcome.
For further advice about divorce and separation contact family law specialist Jennifer Carr at Jennifer.carr@fdrlaw.co.uk or on 01925 230000
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