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When reconciliation is no longer an option, divorce can seem like a daunting and potentially expensive way to move on with your life. There is no doubt that divorce can be the most stressful and painful experience you can go through.
However, once you have made that decision, at Wirral based family law practice, TNFLP, we are here to provide you with clear, honest advice so you fully understand your options. You can then decide the best way forward, which will be supported every step of the way with our specialised knowledge and practical approach
Not all separations can be dealt with amicably and this is where our specialist knowledge of Family Law can help provide you with clear advice as to your options and likely outcomes.
Of course we would always recommend you both try to reach an amicable way forward. When this is possible we have a range of fixed price packages that will ensure the divorce is dealt with quickly, relatively stress free and you have a clean break.
It may sound obvious but we would strongly recommend you don't start the divorce process too soon. If it hasn't been agreed it can only add to the tensions and it will make future discussions about money and children more difficult.
Finally, before you start the divorce process check that you understand the criteria:
• Divorce or dissolution can only be applied for one year and a day after the marriage or registration.
• The ground for divorce is "irretrievable breakdown", supported with one of five facts, which are:
• Behaviour such that the applicant cannot reasonably be expected to live with the respondent
• Adultery
• You have lived apart for two years and both consent to the dissolution
• You have lived apart for 5 years, in which case consent is not necessary
• There has been a period of two year desertion.
A Decree of Judicial Separation is a Court Order similar to a Divorce under which the couple remains legally married but their marital obligations cease and they no longer have to live together. The Court has the same range of powers in Judicial Separations as they do in Divorce cases and they can issue orders regarding financial assets. A Judicial Separation also negates any provision for a spouse in a Will however, unlike a divorced spouse a judicially separated spouse may still be eligible for benefit under a pension scheme on the death of their partner.
The application procedure for a Judicial Separation is similar to that for a Divorce save that a Certificate of Separation is issued as opposed to a Decree Absolute. The grounds are also very similar.
Please note that you are entitled to a Judicial Separation even though you have not been married for one year which is unlike the divorce procedure.
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