Divorce is increasingly common within our community, it is an emotional whirlwind of conflicting feelings which can make you feel angry, distressed and isolated. Here at MK law we do not want you to be alone through this process and understand the sensitive nature and problems which can arise from the divorce. However, we can help you through each step as we understand the importance of obtaining the divorce or in some circumstances challenging it.
Under Part 1 of the Matrimonial Causes Act 1973, you can successfully petition for a divorce if you have been married for at least one year and you feel your marriage has irretrievably broken down by one of the following circumstances;
- Your partner has committed adultery
- Your partner has acted unreasonably
- You’ve been deserted by your partner for two years
- You and your partner have lived apart for more than two years and they have consented to the divorce.
- You and your partner have lived apart for more than five years.
If the above circumstances apply to you, then we will file a Divorce petition for you and guide through each step, obtaining your Decree Nisi, the half-way point of your divorce through to your Decree Absolute, allowing you to move with your life. You will be updated through each step of the way and if you have any worries along the way, our lawyers are made available to help support you through this difficult period.
Throughout Divorce Proceedings, it is sometimes necessary to distribute the matrimonial assets and income. The Court have the power to make the following Orders in relation to Finances;
- an order for maintenance pending suit/ outcome of proceedings;
- a secured provision order;
- a lump sum order a property adjustment order;
- a periodical payments order;
- a pension sharing order;
- a pension attachment order;
- a pension compensation sharing order;
- a pension compensation attachment order and;
- orders in relation to children of the family
The Court apply a checklist of factors found at Section 25 of the Matrimonial Causes Act 1973. These factors will need to be applied in every case, regardless of whether you are engaged in court proceedings or negotiating your own settlement. These are often called the Section 25 factors, which the court will take into account when deciding how to distribute assets upon divorce or dissolution.
- The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would, in the opinion of the Court, be reasonable to expect a party to the marriage to take steps to acquire;
- The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
- The standard of living enjoyed by the family before the breakdown of the marriage;
- The age of each party to the marriage and the duration of the marriage;
- Any physical or mental disability of either of the parties to the marriage;
- The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
- The conduct of each of the parties, if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it;
- In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring (e.g. a right to your husband’s pensions).
If you are considering a Divorce or seeking a Financial Remedy Order you should seek legal advice immediately.
It is vital that you receive the best possible advice and provide us with as much detail as you can of your case to ensure the best result for you and your family.
MK Law is on hand to help you and can offer a free 15 minute consultation to advise you as to the best steps moving forward.