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Divorce
For every 1,000 married couples in the UK, 13 end up divorced according to statistics. Divorce is often a complicated and messy process, and throws up many pities.
Divorce Issues
Such painful issues as whether to sell your home, which parent will look after your children, and how it will affect any loans you may have, will all have to be resolved. And if you are divorcing your partner in Scotland rather than in England and Wales then another set of laws will apply.
For many couples, obtaining a divorce has never been easier. The old-fashioned concept of establishing that one party is at fault has been committed to history and the important fact to establish now is that the relationship has 'irreparably broken down'.
In Court or Online?
It is even possible to divorce your partner online, allowing you to save on legal costs—and according to online experts, this can save you about ￡700 from the average ￡800.
However, this method is only suitable for very straight forward and uncontested divorces. Alternatively, you can apply for divorce at a county court in England and Wales, but to do this, couples must have been married for at least a year.
The first stage of divorce is obtaining what is known as a 'Decree nisi(日后才生效的离婚判决书)'. This is granted if the court is satisfied the marriage has 'irreparably broken down', and this is proven by showing one of five things: adultery(通奸行为);unreasonable behavior; desertion on the part of one partner for at least two years; that the couple have been separated for two years and both spouses agree to divorce; or that the couple have been separated for five years. Your spouse's 'unreasonable behavior' must be so intolerable that nobody could reasonably expect you to carry on living with him or her. It could include, for example, financial carelessness, drinking, gambling, or lack of emotional support. You cannot base your divorce on this if you then live together for a period of more than six months afterwards. This rule also applies to desertion, and the discovery that adultery has taken place.
The second and final stage is obtaining a 'Decree absolute(绝对判决)'. The divorce can be stopped at any time until this is granted, so it is advisable to sort out all the financial and practical details first.
Using a Divorce Lawyer
If as in the vast majority of cases, your relationship is complicated, it is advisable to seek legal advice from a famous family law advisor, who will be able to properly advise you about your rights and responsibilities.
If you are unsure how to go about choosing a lawyer then it might be a good idea to consult the Law Society or the Family Law Solicitors Association, who keep a list of qualified lawyers. Alternatively visit the Citizen's Advice Bureau who has a great deal of information regarding such matters.
What Are the Alternatives?
Negotiation is a voluntary service that allows you and your partner to meet with a trained and impartial negotiator to clarify the issues, discuss the available options, and reach decisions acceptable to you both. While the negotiator will manage the process of negotiation, he or she is not there to promote either person's interests. The decisions are finally yours.
You will still require the services of a lawyer to put your decisions on property or financial matters into legal form. The government is keen for people to attend negotiation, and the number of people offering this service has vastly increased in the last few years. You may be required to attend negotiation meetings if your divorce is funded by legal aid. For more information visit our feature on Negotiation.
What About the Children?
Divorce can be especially confusing for children, who are likely to feel confused by events and may even blame themselves for their parents splitting up. So it is imp
A．Y
B．N
C．NG