Guide to Family Mediation
The objective of Family Mediation is to provide a less confrontational approach to separation than the traditional Legal Model, helping parents communicate to f..link
A recent high profile divorce case has thrown up a very rare verdict, the divorce was contested and the judge found that the reasons for divorce being unhappiness, discontent and disillusionment were not grounds for divorce and did not prove irretrievable breakdown, and therefore refused to grant a divorce.
The case is going to the high court and I would be surprised if the divorce is not granted as perhaps a judge should not force a person to stay in a marriage against their will, but that does lead me to look at what constitutes grounds for divorce.
Adultery.
If you wish to divorce under the grounds of adultery you will need proof, or an admission, if it is unlikely you will be able to obtain these then normally couples look to divorce under unreasonable behaviour.
Unreasonable Behaviour.
This is the most common reason for divorce and the list of allegations against a respondent can be extensive and diverse.
Normally they centre around money, drinking, sex, abuse or violence. These can be extreme allegations, but in the case of an uncontested divorce they can be fairly mild reasons such as not having things in common or work related priorities are often given.
I am aware of a divorce case where the petitioner wanted to divorce under unreasonable behaviour because their husband ran up the stairs in an annoying manner! When it gets to that perhaps it is best to move on!
Desertion.
Very rare to use this reason as it needs proof of a desire to divorce for a period of two years.
Separation.
You can obtain a divorce after two years of separation if both parties agree to the divorce, if you have been living apart for five years you do not need consent from the other party for a divorce.
Government to finally introduce 'no-fault' Divorce laws..
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Cohabitation Agreement -
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