At BPS Family Law our divorce solicitors have over 60 years’ experience handling divorce cases in and around the Manchester area. We have the compassion and legal expertise to guide families through this turbulent time. Our divorce solicitors are not only experts in their field but are committed to offering a personal service to each and every client.
Experienced Divorce Solicitors
Our divorce solicitors, based in Manchester city centre, are experts when it comes to handling cases involving all aspects of divorce and financial separation. We will work with you to achieve the best possible outcome to your case ensuring you are provided with the best advice and guidance.
We have a range of payment options available to our clients including:
Fixed fees
Structured payments
Payment at the end of your case
Understanding the Grounds to Divorce
Firstly, although you may be separated from your spouse you can only commence divorce proceedings if you have been married for at least one year. You must then prove to the Court that your marriage has irretrievably broken down, using on one of the following grounds:-
Adultery
Adultery is when you or your spouse has had voluntary sexual intercourse with a person of the opposite sex.
This can often be difficult to prove, unless your spouse is willing to admit to it or there is actual evidence. In the event your spouse denies adultery and you have no evidence to prove the adultery we would advise you to base your grounds for divorce on their unreasonable behaviour. You can use the adultery as an example of their unreasonable behaviour.
Unreasonable Behaviour
This is the most common ground relied upon. You can rely upon this ground if you have examples of your spouse behaving in such a manner that you cannot reasonably be expected to continue living with them.
The examples of behaviour vary depending on each marriage and the circumstances of the relationship breakdown. The scope is very wide and examples of behaviour can often include domestic violence, emotional abuse, financial control, lack of emotional support and so on. The examples given do not have to be particularly severe and this is important to many clients, especially if you have children or are seeking to reach a financial agreement with your spouse.
You have lived apart for two years and both consent to a Divorce
If you have lived separate and apart for two years and your spouse agrees to the divorce then you can use the first ground. This ground can be used whether you continue to live in the same household or not so long as you have lived separate lives during those two years.
Desertion
This is generally the least used ground as it is technical and difficult to prove. You would need to be able to show that your spouse has deserted you by leaving you without your consent without any reasonable cause to have stopped living with you. This must have taken place for a least two continuous period years immediately before your prepare your Petition for divorce. Many people chose to rely on the ground of unreasonable behaviour as an alternative.
You have lived apart for five years
Unlike the earlier ground of separation for two years with consent you do not require the consent of your spouse to the divorce if you have lived apart for at least five years. All you need to be able to show to the Court is that you have lived separate and apart for five years.
If you would like to seek further advice on family law..
Please call BPS Family Law on 0161 926 1430 and we’d be happy to help.
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