Although a marriage is meant to be “till death us do par”, for whatever
reasons there are times when a couple can no longer go on being
together and their marriage will end in divorce. This can not only be a
stressful time for the couple getting divorced but also family members,
especially if there are any children involved. As well as emotional
implications, a divorce will often have financial implications as well.
The role of a family law solicitor is to help and guide you through this
tricky period and provide you with all the information you need for
making your own informed decisions. To file for divorce in England and
Wales, you have to show you have been married for more than a year and
that the breakdown of the marriage was because of one of the following
reasons; adultery, inexcusable behaviour leading to it being impossible
to live together, your spouse agrees to a divorce after having been
separated for two years, you’ve been separated for five years or your
spouse has deserted you more than two years ago. The average time for a
divorce to be fully processed is normally between 4-6 months.

People in committed relationships that live together and choose not to
get married are referred to as cohabiting and have different legal
rights with regards to property, finances and children than a married
couple. Even if you have been cohabiting with your partner for over 25
years, you may still have less legal rights than a couple married for
less than five. In these situations when disputes arise, family law
solicitors will still be able to help. This can include ‘Living Together
Agreements’ which sets out rights and responsibilities of the couple if
the relationship should break down, ‘Wills for Cohabitees’ since
cohabitates do not automatically inherit their partner’s estate upon
their death, financial advice with regards to suitable life insurance
for a couple and also help to put property considerations in place when
purchasing a house as to who owns the property if a relationship breaks
down.

The effect the breakdown of a relationship can have on any children
involved is something very important to consider. The mother of a child
automatically has parental responsibility for them so has certain rights
regarding where the child lives, schools they attend and any medical
treatment they receive. Since December 2003, the father also has
responsibility for a child if they are married to the mother or are
named on the birth certificate as the father. For a father to have
parental responsibility he must either be married to the child’s mother,
enter a voluntary Parental Responsibility Agreement with the mother or
obtain a Parental Responsibility Order from the Court. In the breakdown
of a relationship it is important to think about the children involved
and a family law solicitor can help you through a difficult time to
reach an outcome that will be best for all parties involved, including
the child.