If you’re looking to file for divorce but you have a few questions about this process, this handy guide reveals all there is to know about the procedure.
There are five different grounds for divorce
In order to seek counsel from divorce solicitors in Guildford, one of the parties is labelled as the petitioner and they are the ones who then issue a petition for divorce to their partner. You are able to ask for a divorce as a result of one of five circumstances which are referred to as grounds.
One of the five grounds for divorce could be that your partner has committed adultery during the course of your marriage, and you no longer wish to remain together as a result. Another circumstance that qualifies as grounds for divorce refers to the behaviour of your spouse. If she or he behaves in a manner deemed unreasonable leading to the decision that you feel you cannot remain married to them, this would be considered as grounds for divorce.
Another circumstance which qualifies relates to a separation period. If for example your spouse has been living apart from you for twenty-four months or more, or has deserted you for a continuous period of more than two years it will be considered grounds for divorce.
What is divorce mediation?
Divorce mediation is a process used by couples who choose to separate amicably and wish to use an alternative route to court proceedings.
Is divorce mediation legally binding for couples?
The agreement reached during divorce mediation is considered to be voluntary and made in good faith and is not seen as legally binding. However, this can be changed by applying for a ‘consent order’ from court with the assistance of a family lawyer or solicitor to make it legally binding.
Is mediation always recommended for couples before divorce proceedings?
Mediation is not compulsory as it is purely voluntary. Both parties need to be willing to cooperate and engage with the process in order for it to be successful. During a mediation session, the couple will meet with an impartial mediator to assist in dividing up assets and to sort out arrangements for any children that have resulted from the marriage.
Divorce mediation is not viable if there is a safety risk involved from either one or both parties. It is also not advised if there is evidence of domestic abuse or child abuse in the marriage, financial disagreements or claims of bankruptcy.
Circumstances of such nature warrant the need for a Divorce Lawyer as taking a legal approach is a more viable solution than simply mitigating the list of issues with a mediator. And depending on the nature of the case, one or both parties may be denied custody of children, should they show proof of inadequacies when it comes to parenting.
Is divorce mediation quicker than filing for divorce in a court?
Yes, divorce via mediation is typically quicker than heading to court to finalise your divorce. Mediation helps to resolve conflict and reach favourable outcomes for both parties. The length of time it takes to reach an agreement varies for each client, but typically it can take between one to four sessions. The average divorce court procedure can take anywhere between six months to one year.
To start the process of filing for divorce from your spouse we recommend seeking the assistance of a reputable divorce solicitor. They will be able to offer professional counsel and guide you during the process. They will also be able to assist in making sure you receive a fair outcome and can assist with facilitating the procedure.