Family Law

Do You Need Family Legal Advice?

Any family law dispute needs legal intervention. After all, you cannot make rational decisions if you are in the midst of a disagreement. That is why you need to seek help from a legal advocate who understands your unique circumstances and can provide objective support.

Some of the areas that are covered by family law include divorce, property, and child matters. These areas are usually addressed before other concerns in the court. In the case of divorce, both the petitioner and respondent must meet certain resident requirements and property decisions are made by the Court in one of various ways.

Are You Planning to Divorce?

It all boils down to the jurisdiction of the court system and how divorce matters should be settled under certain legal acts or statutes. That is why you need to seek family law advice in Hereford if you are planning to apply for a petition for divorce.

For example, an application that leads to divorce cannot be presented for the court’s review before a couple has been married one year. The application, which is called a petition, must be given to the Family Court for review. HM Courts and Tribunals Service, or HMCTS, has established 11 divorce centres within the UK (England and Wales) to review and issue petitions for divorce.

The Criteria That Is Set for Divorce

The sole reasons in the UK that a divorce is given are based on the following:

  • Adultery by the respondent, when the adultery is committed by someone of the opposite sex
  • Behaviour assumed by the respondent that makes it intolerable for the petitioner to live with him or her
  • Desertion by the respondent for a span of two years
  • Separation between the two parties for two years, where both parties agree to a divorce
  • Separation between the two parties for a period of five years

Any of the above facts must be shown before a respondent can seek help from an attorney and make an application for a petition of divorce.

Dividing the Marital Assets

Once a fact has been established, the marital assets will be reviewed as well as other financial considerations. The court has strong powers when it comes to dividing the assets. Therefore, the court may order the following:

  • That one party make periodical maintenance payments to the other party
  • That one party pay a lump sum(s) to the other divorce party
  • That one party make payments for the children’s welfare
  • That a lump sum be paid for the children’s benefit
  • That property be transferred to the other divorce party
  • Make a specified settlement of property, or establish a trust
  • Sell a certain property and distribute the resulting proceeds

The above list represents a sample of what a court may decide. That is why, again, you need to count on the services of a lawyer when settling any family dispute.

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