Divorce Language Marriage get married get divorced (be granted a divorce) Civil partnership enter into a dissolve (be granted a dissolution of cp )

Conditions for a divorce One year of marriage “Irretrievable breakdown” adultery unreasonable behaviour desertion two years’ separation (provided both parties agree to the divorce) five years’ separation 1) What conditions must be met for a divorce to be granted? - The couple must have been married for at least one year There must have been an "irretrievable breakdown" of the marriage, Shown using one of the five possible grounds for divorce (justification) - adultery (having sex with someone of the opposite sex who is not your spouse) > not a grounds in ssm, but probably because it is defined as sex with a person of the opposite sex. though in practice a relationship with another person of whatever sex would constitute unreasonable behavior. - unreasonable behaviour (domestic abuse, substance abuse, but also more minor > if the spouse agrees, the court is unlikely to interfere) - Desertion (spouse leaves the a marital home, for two years or more) - two years' separation (if your spouse agrees to the divorce) five years' separation (even if your spouse disagrees with the divorce) NO “irreconcilable differences” Usually both spouses accept the factual grounds for the divorce (=undefended divorce). If one party disagrees there will be a court hearing.

Getting divorced Divorces are dealt with by the Family Court Since LASPO (2013) legal aid is only available in divorce cases in a few, specific cases. DIY divorce is increasingly common A decree nisi followed by a decree absolute ends a marriage. Brexit may lead to changes for “international” couples in relation to: where parties can file for divorce / which law will be applied disputes in relation to children (relocation, maintenance, enforcement of judgments) Since LASPO (2013) legal aid is only available in divorce cases in a few, specific cases. DIY divorce, where parties deal with the legal paperwork themselves is increasingly common 2) Which documents does a court issue in order to end a marriage? A decree nisi followed by a decree absolute ends a marriage. A divorcing couple must reach an agreement about where their children will live and what contact they will have with the non-resident parent. (Financial issues can be resolved after the divorce has been finalised) Brexit may lead to changes for “international” couples in relation to: where parties can file for divorce / which law will be applied disputes in relation to children (relocation, maintenance, enforcement of judgments) BUIT at the moment the consequence are very unclear > it will depend on the final decision which is reached

Dissolution of a civil partnership Adultery is not accepted as grounds for ending a civil partnership In order to dissolve a civil partnership, a judge issues a conditional order, followed by a final order. 3) How is ending a civil partnership different from divorce? - Adultery is not accepted as grounds for ending a civil partnership > probably because it is defined as sex with a person of the opposite sex. though in practice a relationship with another person of whatever sex would constitute unreasonable behavior. -In order to dissolve a civil partnership, a judge issues a conditional order, followed by a final order. Also only a few Family courts deal with DOCP

Mediation 4) How can mediation be useful when a couple divorces? Allow couples to resolve disputes about children or finances After speaking to both parties, he writes a memorandum of understanding, summarising the issues and possible solutions, which the parties will then discuss.

Guillaume was French and Suzy was English Guillaume was French and Suzy was English. They lived together in France at the time of their marriage. They entered into a French marriage contract under the regime of separation de biens, whereby each spouse keeps his or her own assets. Suzy states that this was to protect her if Guillaume's business got into debt. She says she did not understand that it would affect her settlement if the couple got divorced. Shortly after the marriage the parties relocated to England, where they lived and had a family. They were married for 20 years, and had four children. Guillaume worked as a banker while Suzy worked as a manager in a company. During this period, they kept their finances separate. During the marriage, Guillaume amassed more than £15 million of assets. Suzy had a successful career, but refused two promotions in order to be able to manage her domestic responsibilities. She managed the household and had almost all responsibility for childcare.

Guillaume and Suzy are divorcing in London. Guillaume offers a £2 Guillaume and Suzy are divorcing in London. Guillaume offers a £2.5 million settlement, but Suzy believes she should be entitled to 50% of all assets. Would the marriage contract be given decisive weight in English law? Advise Suzy about whether she should accept Guillaume's offer.