To obtain a divorce a marriage must have broken down irretrievably. In addition, one of a number of facts must have occurred. These include: adultery, unreasonable behavior, 2 years separation with both parties consent, 2 years desertion (one party having deserted the other for a period of at least 2 years) and 5 years separation.
Resolving the finances on divorce, is often the most difficult aspect of any marriage breakdown. There is a spectrum of financial relief which can be granted, including ordering maintenance and/or a lump sum to be paid, property to be transferred and pension orders. There is a long list of factors when giving consideration to any claim.
These include income, earning capacity, property and other financial resources, financial needs, standard of living enjoyed by the family during the marriage, the ages of both parties, the length of the marriage and the contribution made by each party to the welfare of the family. Once these have been considered the court must be satisfied that the award is fair.
The vast majority of cases settle, without the necessity of going to Court. Some cases are successfully resolved, by providing voluntary financial disclosure and then settled by negotiation through solicitors.In other cases, it is not possible to settle without commencing proceedings. Once proceedings have been issued, a Court imposed timetable is laid down, which is geared towards achieving a settlement. Most cases settle at some stage during the proceedings although a few proceed to a final hearing.