You could consider other processes, such as mediation or collaborative law. Mediation is a voluntary process which aims to help the parties to reach an agreement in relation to the practical aspects of the break down of the relationship. Ralph & Co Solicitors provide a trained mediator, who acts as a neutral third party and will work to encourage positive discussion between the parties with the aim of reaching a settlement. Collaborative Law is the process in which you and your partner both commit to resolving matters between you without involving the court to make decisions on your behalf. Each of the couple selects a collaboratively trained lawyer to represent them. Please contact us for more information on how we can help at this delicate stage.
Couples often separate without involving the courts but the advantage of court involvement is that any agreement you have reached can be approved by the court which will then be binding upon both of you. Issues such as who is to care for the children and arrangements regarding financial and property matters can be considered by the court. A court order will ensure that the agreement is not broken by your former partner.
There is only one ground for divorce and that is the irretrievable breakdown of the marriage. This has to be proven by establishing one of the following facts:
- Adultery
- Unreasonable behaviour
- Two year separation (where the other party consents to a divorce)
- Five year separation (no consent is needed in this case)
- Desertion
It is possible to obtain an injunction called a non molestation order which prevent your partner from causing violence, intimidating, pestering or harassing you. In addition due to the circumstances we would suggest obtaining a residence order from the court - contact us today to see how Ralph & Co Solicitors can assist you.
In certain circumstances the court can make orders under the Family Law Act 1996 which are aimed at protecting victims of domestic violence. In certain circumstances the court can make a non-molestation order, which prevents your ex partner from having any contact with you, or an occupation order, which prevents them from entering or living at your home.