One of the questions I am frequently asked by clients I act for in divorce and financial remedy cases is what type of behaviour amounts to bad conduct. When trying to resolve issues around the financial aspects following a marital breakdown, the first step is for both parties to provide full disclosure of their finances by exchanging a lengthy document called a Form E.
Obtaining a divorce is England and Wales is relatively procedural. If you can establish one of five facts, you can lodge a divorce petition with the court. These facts are:
- Unreasonable behavior
- 2 years separation with your spouse’s consent
- Five years separation
Unreasonable behavior is frequently relied on as it is one of two facts (the other being adultery) that entitle grounds for divorce proceedings; once you have reached the conclusion the marriage has broken down – be that through a resolution with time apart or a mutual agreement.
Divorce is not a topic that married, or engaged to be married couples ever want to broach in general conversation. It’s always best to be prepared, so why avoid a discussion that could help your marriage stick in the long run?
In the second of our ‘What To Think About…’ series, our family law specialist, Jonathan Gilbert , advises you on what needs to be taken into consideration when drawing up what is commonly referred to as a custody agreement.
I’m going to start this guide by stating three things;
1) If you find yourself in a custody battle, you’ll hear the term ‘child arrangements order’ a lot – a child arrangements order sets out who a child should live with and who he or she should spend time with.
In the first in our ‘What To Think About…’ series, our family law specialist, Jonathan Gilbert, outlines what to keep in mind if you ever unfortunately feel that you need to start divorce proceedings against your partner.
The emotional turmoil caused by parting with your spouse or civil partner can be nerve-wracking and heartbreaking.
At one time, the nuclear family was considered the norm – two parents, usually married, and their 2.4 children living happily together. Nowadays, however, the nuclear family is quite the rarity. Changes in family dynamics over the last 40 years or so have seen an increase in single parents, extended families, and same-sex couples.
Divorce is an inevitably difficult time for all involved. But amongst the turmoil of separation, are our actions made with our children fully in mind? When divorce is inevitable are we too easily sucked into mind games, jealousy and rivalries? Divorce is something you will never get used to, in the respect that it won’t happen every week.