Divorce Law - If You are Planning to Divorce You Need to Make
Sure You Understand the Law
Divorce is probably the one area where the majority of people think they know the
laws and their rights under the law. At least until they go through a divorce which is when they find out that
most of what they thought was true was more or less myth and misunderstanding. Depending on where you live
divorce law is no longer as simple as it used to be and there are many considerations that must now be
addressed by both attorneys and the judge.
One of the basic myths regarding marriage in England is that if you have lived together for a
number of years you are considered "common-law" married and as such must go through a divorce to separate and lay
claims on any assets and possessions.
In the eyes of the law the only time English divorce law applies is when two people are legally
married or in the case of two members of the same sex enter into a civil union. However if two people who are
living together draw up a living together agreement, then many of the standard divorce laws do apply.
According to English divorce law when
there are children involved, custody is no longer awarded to one parent or the other. Rather the judge makes the
decision as to where the children will primarily live and with which parent. He will also decide how often the
other parent gets to see their children and whether or not they can enjoy extended visits. As for child support the
Child Support Agency is now responsible for assessing each parent's incomes and needs before assessing support and
its subsequent enforcement instead of expecting the courts to handle this difficult situation.
Reasons to be used to File for Divorce
While divorce law in England allows for a wide variety of reasons to be used to file for a
divorce, Scottish divorce law is much more restrictive and lists only
five reasons for a married person to file for divorce. According to Scottish law you can file for a divorce if
you find your spouse has committed adultery, following two years of consensual separation, five years of non
consensual separation or if one or the other of you finds the behavior of the other intolerable. This last case
can mean your spouse has issues involving drinking, gambling, financial irresponsibility or is physically or
mentally abusive amongst many other reasons.
Divorce law may vary depending on where you live, so before you start down the long path to a
divorce you should make sure that you have tried to do everything in your power to save your marriage. If you are
sure that there is no hope for your marriage, you should consult with a lawyer who specializes in marriage law.
There are many requirements that must be met and papers that have to be properly filed in order to finalize your
Without the help of an experienced divorce
attorney it is possible for costly mistakes to be made. This can be both financially and emotionally
devastating. Since the average person does not understand the ins and outs of divorce law it is easy to make
mistakes. Often when there are children involved you cannot complete a divorce without at least some legal advice.
So you need to make sure you understand how the laws portend to your case and make sure you get everything you
deserve when your divorce is final.