Introduction
A contested divorce is a legal process where one or both parties involved in the marriage do not agree on the terms of the divorce. This can lead to a lengthy and complex legal battle that requires the expertise of a family law solicitor. In this guide, we will walk you through the legal process of a contested divorce in the UK, including the steps involved and the key things to consider.
Grounds for Divorce
In the UK, there is only one ground for divorce, which is the irretrievable breakdown of the marriage. However, in order to prove this, one of five facts must be established:
- Adultery
- Unreasonable behaviour
- Desertion
- Two years separation with consent
- Five years separation
It is important to note that in a contested divorce, the grounds for divorce are often disputed by one or both parties, leading to a more complex legal process.
Filing for Divorce
The first step in the legal process of a contested divorce is filing a divorce petition with the court. This petition outlines the grounds for divorce and the desired outcome of the divorce, such as division of assets, child custody arrangements, and spousal maintenance. The respondent then has the opportunity to respond to the petition and potentially contest the grounds for divorce.
Discovery
Once the divorce petition has been filed, both parties are required to disclose all relevant financial information to each other. This includes assets, income, debts, and expenses. This process is known as discovery and is essential for ensuring a fair division of assets and liabilities in the divorce settlement.
Mediation
In some cases, mediation may be recommended as a way to resolve disputes outside of court. A trained mediator can help the parties negotiate and come to a mutually acceptable agreement on issues such as child custody, visitation rights, and financial support. However, if mediation is unsuccessful, the case will proceed to court.
Court Proceedings
If the divorce remains contested after mediation, the case will proceed to court. Both parties will be required to attend court hearings where a judge will hear arguments from both sides and make a decision on the terms of the divorce. This can be a lengthy and stressful process, as both parties may need to present evidence and testimony to support their case.
Financial Settlement
One of the key issues in a contested divorce is the division of assets and liabilities. The court will consider factors such as the length of the marriage, the financial contributions of each party, and the needs of any children involved when making a financial settlement. It is important to seek legal advice to ensure that your interests are protected during this process.
Child Custody
Another important aspect of a contested divorce is child custody arrangements. The court will consider the best interests of the child when making decisions about custody, visitation rights, and child support. It is important to work with a family law solicitor to ensure that your rights as a parent are protected during this process.
Appeals
If either party is unhappy with the court’s decision, they have the right to appeal the ruling. This can be a lengthy and costly process, so it is important to carefully consider whether an appeal is in your best interests. An experienced family law solicitor can advise you on the likelihood of success and the potential costs involved in pursuing an appeal.
Conclusion
Contested divorces can be emotionally draining and legally complex, but with the right legal advice and support, you can navigate the process successfully. It is important to seek the guidance of a family law solicitor who specialises in contested divorces to ensure that your rights and interests are protected throughout the legal process.
