Estate Planning

DIVORCE PETITIONS

The decision to divorce is never easy to make, especially when coupled with the complex legal procedures that surround it.

Farani Taylor have a team of Family Law experts dedicated in dealing with divorce law. We understand that dissolving a marriage can take its emotional toll.

Usually, the legal procedure for divorce begins with filing a petition at Court by either spouse. The one who files the petition is legally termed as the ‘petitioner’ while the other is termed as the ‘respondent’.

Currently, there is only one ground for divorce and that is “the irretrievable breakdown of the marriage”. To prove this, at least one of the below “facts” need to be established and proven by the petitioner:

The Adultery: When the respondent commits adultery and it becomes intolerable for the petitioner to live with.

The Unreasonable behaviour: When the respondent behaves in a way that is unreasonable to expect the petitioner to live with.

The Desertion: When the respondent deserts the petitioner for an uninterrupted period of two years or more.

The Separation by consent: When the couple have lived separately for an uninterrupted period of two years or more and the decree granted has been agreed to by the respondent.

The Separation: When the couple have been living apart for an uninterrupted period of five years or more.

After approximately four months of filing the petition, the decree nisi is pronounced by the court. Following this, the petitioner can apply for the final procedure called the decree absolute which legally implies the dissolution of the marriage.

However, this is only the case with an undefended divorce, also commonly referred to as the ‘quickie’ divorce.

The procedure for a defended divorce is lengthier and can get tedious if there are financial arrangements and child custody issues that need to be resolved.

In fact, divorce procedures can get really complicated in cases where you have lost your marriage certificate, or if your spouse is presenting unreasonable demands or is being difficult.

Whatever the nature of your circumstances, straightforward or complex, the experienced divorce team at Farani Taylor have an immense wealth of experience in these matters dealing daily with complex divorce cases.

If you need advice or information on Divorce Petitions please speak to a member of the Divorce Law team by calling 020 3301 6666.

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Anum Wraich

London City Office, Solicitor

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