Q. Just what is Divorce?

A. Divorce is the legal dissolution of your marriage. Once divorced you are no longer legally married to your husband or wife. Certain rights and obligations come to an end but others may arise such as the obligation to pay maintenance.

Q. Do I have grounds for Divorce?

A.There is only one ground for divorce namely that the marriage has broken down irretrievably. However, you also have to prove one of five things,:

A. adultery by your husband or wife;

B. unreasonable behavior by your husband or wife;

C. desertion for two years;

D. two years separation with agreement;

E. living apart for five years;

There is an alternative to divorce, Judicial Separation. It is the same as divorce except that you can't remarry and is designed mostly for people with religious or other views against divorce. There are three reasons however why divorce is often the best option :

A. If you believe the marriage has broken down irretrievably then it is better to get things over and done with as quickly as possible.

B. If you do run into difficulties over how to divide up the assets, maintenance etc then a divorce court can make an order to settle any disagreement.

C. Only the divorce court can make an order which settles financial matters once and for all. This will stop either you or your partner from going back on any agreement which may have been reached over money.

Q. I really would like to know just where I stand. What rights have I got ?

A. The answer to this question is different for virtually every person. The courts have a wide discretion over what they will and will not do when faced with problems arising out of the marriage breakdown. It is only after careful consideration of each case that an answer can be given. The court's objective is to enable parties of a failed marriage "wherever fairness allows" to go their separate ways.

Q. I want an amicable Divorce, Is an amicable Divorce possible?

A. An amicable Divorce is possible but sometimes disputes involving children and property can't be resolved. If you do have to go to court we will advise you fully on the procedure and do our best to put any fears or worries you may have to rest.

Q. Is a Divorce Solicitor expensive and do I need a solicitor when going through a   Divorce?

A. The cost of not paying for advice at traumatic time can be even more expensive  both emotionally and financially.  Whilst undertaking Divorce proceedings matters can be complex and complicated which only a Solicitor with the requisite Legal Knowledge can undertake.  Hiring a Solicitor to assist in Divorce proceedings can most often be cost effective and the best way to proceed to ensure you receive what you are entitled to. Legal services can be expensive. They are charged by the hour and so if you wish to argue it will cost you, however if you are realistic and well advised as with Howard Cohen & Co Solicitors, it will be money well spent.