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Family Law Legal Advice
If you find yourself embroiled in a legal battle involving members of your family – including your spouse, then this is a case that falls squarely within the coverage of UK family law. For the protection of your legal rights, it is always advisable to seek some competent Family Law Legal Advice from an experienced family law solicitor.
With that said, many people seem to underestimate the degree of importance of seeking proper Family Law Legal Advice and choose to self-represent and rely on their own common sense while wading through the confusing body of laws that comprise UK family law.
Here are some of the most common questions that arise when people seek out Family Law Legal Advice in the UK.
How Can I Get Divorced?
Divorce is one of the hottest topics in UK family law. One thing important to keep in mind is that the UK’s divorce laws differ significantly from the laws of the US. This is because there is no such thing as a no-fault divorce in the UK that simply allows the married couple to get a divorce based on mutual consent. The law specifically lays down the grounds for divorce as follows:
•Your spouse has committed adultery
•Your spouse has behaved in such a way that you are no longer expected to live together (known as unreasonable behaviour)
•You and your spouse have lived apart for two years and your spouse agrees
•You and your spouse have lived apart for more than five years
•Your spouse has deserted you for two years
One important Family Law Legal Advice that we can offer you is that in order to get a divorce under UK’s family laws, you need to have been married for at least one year in order to even file a petition for divorce based on any of these grounds. The actual stages for divorce include:
1. Filing of the petition for divorce
2. Decree Insi stage wherein the court pronounces the entitlement of the petitioner to divorce.
3. Decree Absolute stage wherein the divorce is consummated and the marriage is legally dissolved.
Who Should The Child Live With?
Formerly, “custody” was the legal term used to determine who the child should live with. Fortunately, these have been made obsolete and changed into the more easily understood terms “to live with” for custody and to “spend time with” for child access. These changes are not only simpler and easier to understand, they are also more humane and treat the children as persons and not as objects.
Does The Mother Enjoy Priority When it Comes To Who The Child Should Live With?
This is commonly asked and fortunately, we can safely give you this piece of Family Law Legal Advice: There is no actual presumption in favour of the mother. The family court will decide upon who the child should live with on a case to case basis without the bias that the mother is preferred. The best interests of the child given the particular situation shall always be taken into account.
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