Divorce
DIVORCE SOLICITORS SHEFFIELD
At Sheffield solicitors we fully understand that the breakdown of any personal relationship will nearly always be difficult and traumatic. The decision to seek a divorce may be yours, your partner’s or a genuinely mutual one between both parties. Once the divorce starts you may well benefit from professional help through this personal and emotional legal process. This area of law can be extremely complex and it is therefore essential that you have a lawyer who not only knows all the technical aspects of divorce, but can deal with everything in a sensitive manner, quickly and if need be, in a firm and strong manner.
Listed below are some of the key common areas your lawyer will consider with you in your divorce:-
- How to deal with the children
- How to deal with living together in the same house pending divorce
- How to deal with shared property
- How to deal with your finances and income
- How to deal with your pensions
- How to deal with any investment properties and assets
The complexity of your divorce and the speed in which it is dealt with will be determined by the reasonableness of both parties and the extent to which they agree how to seperate. It is the case that most relationships break down in an orderly fashion and the couples can agree what they will do with their children and all their assets. When that happens then the divorce process can be fairly smooth and quick and all that is needed from the lawyers is to ensure that the divorce agreement is correctly drafted to reflect what has been agreed between the parties. Where a divorce is amicable then we can provide competitive fixed fee quotes for getting you through the process.
When however the parties cannot agree and emotions run stronger then all matters will need to be resolved by negotiation and through the Courts. This is where you will need a strong lawyer by your side making sure that you get the best deal you can.
The grounds for getting divorced
There is one ground for divorce, which is that a marriage has irretrievably broken down. The petitioner must prove (satisfy the court) on at least 1 of 5 facts to support irretrievable breakdwon, which are :-
- That the spouse has committed adultery
- The Spouse has behaved unreasonably
- The Spouse has deserted the petitioner for a period of 2 years;
- The petitioner and the spouse have been living separately for more than 2 years and both parties agree to a divorce;
Mediation and divorce
Mediators can be very helpful resolving sensitive issues like where children should live. They provide a neutral, organised and constructive environment for consideration of possible options and concerns. Mediation is non-binding and is a process entered into by consent, so it often provides a more relaxed and positive atmosphere for narrowing or resolving issues that the somewhat hostile and polarised court process and procedure..
Divorce Process
There is a big difference between a contested and uncontested divorce. With an uncontested divorce, the procedure is largely administrative and can generally be completed in 4 to 6 months. The process is started by filing a standard form petition at court that sets out the details of the marriage, any children and the grounds for divorce. A fee is also payable.
For further details please see our divorce frequently asked questions (FAQ’s page)