Family Law Question And Answers By Specialist Divorce Solicitors Wellsprings Solicitors
1. Can I divorce my husband after 6 months of marriage?
You must have been married for a just over one year before you can file for divorce in England and Wales.
2. Can I divorce my husband based on his aggressive and violent behaviour towards me and the children?
There are 5 reasons that can be used which demonstrate that the marriage has irretrievably broken down. These are: a. Adultery b. Unreasonable behaviour c. Two years’ separation d. Five years’ separation e. Desertion Aggressive and violent behaviour from your spouse/partner would come under ‘Unreasonable behaviour’.
3. What would happen to the children after divorce?
After a relationship breakdown it can be difficult for everyone involved, especially the children. The legal aim is on protecting the rights of the child(ren), which includes concerns for their safety and well-being and their right to have relationship with both parents. If the parents cannot agree between themselves as to where the children would live, then the court may have to be asked to make a decision. The court will make a contact/ residence order to determine this.
4. Do I have any rights as a Grandparent after my son’s divorce? Can I still have contact with my grandchildren?
A grandparent, who fears losing contact with their grandchild(ren) should first of all approach the child(ren)’s mother or father and explain that no matter what the problems are between the parents, they do not intend to take sides but that they only wish to maintain contact with their grandchild(ren). However, this might be very difficult to achieve if the relationship with the parent or parents has broken down to such an extend that this is not possible. In those circumstances, mediation would be the best option.
5. I got married abroad, will my marriage be valid or recognised under the British Law?
Your marriage should be recognised in the UK if you follow the correct process according to the local law. You would have needed to contact the local authority in the country where you want to get married to find out what you need to do.
6. Can my ex wife take my child abroad on holiday for 3 weeks without my consent?
If a child is being taken abroad, consideration should first of all be given as to who has parental responsibility. If both parents have parental responsibility and there are no residence orders or other restrictions in place, then neither can take the child on holiday outside the United Kingdom without the written consent of the other parent or other party with parental responsibility. The situation would however be different where only one parent has a residence order. A person with a Residence Order can take a child abroad for up to a month without the written consent of the other parent. However, it is good parenting to endeavour to agree the arrangements in advance.
7. I want to be separated from my husband but do not want a divorce. Can I do this?
There is a remedy available from the family courts and its called a decree of Judicial Separation. This is not a divorce and the parties remain married but in effect, there is marital separation, all the normal marital obligations come to an end. A decree of judicial separation can be granted for any of the grounds which would justify a divorce i.e. unreasonable behaviour, adultery etc.
