Divorce Law in the UK has Come A Long Way since Henry the VIII

A divorce is one of the most stressful situations that a person will have to face and the effects of this stress can last for many years. Some people find that they never get over the pain and remain bitter whereas others can easily get on with their lives. These days it is easy to get a divorce in UK law and there are thousands of solicitors specialising in family law England.

Family law is the area of the law which deals with all matters related to marriages, separations, divorces, custody, financial support and other issues dealing with the family. Divorce law in the UK has changed over the years and the divorce rate has rocketed in recent times. Things have come a long way since the times when divorce was such a rarity as to cause a scandal.

The 1857 Matrimonial Causes Act allowed ordinary people to divorce. Before then, divorce was largely open only to men, and had to be granted by an Act of Parliament, which was hugely expensive, and therefore was also open only to the rich. (Long before then, of course, Henry VIII was granted a divorce by the Archbishop of Canterbury, and church courts retained the power to dissolve marriages.) Under the new law, women divorcing on the grounds of adultery not only had to prove their husbands had been unfaithful but also had to prove additional faults, which included cruelty, rape and incest.

A private members' bill in 1923 made it easier for women to petition for divorce for adultery, but it still had to be proved. In 1937, the law was changed and divorce was allowed on other grounds including drunkenness, insanity and desertion. The big change came in 1969, when the Divorce Reform Act was passed, allowing couples to divorce after they had been separated for two years (or five years if only one of them wanted a divorce). A marriage could be ended if it had irretrievably broken down, and neither partner no longer had to prove "fault".

To get a divorce, you need to have been married for at least one year and your marriage must be recognised as valid by United Kingdom law. You or your partner must be living in England or Wales when you apply for the divorce or one of you must have been living in England or Wales during the year before the application is made.

If your partner does not object to the divorce you can apply for an undefended divorce. If there are no children and no complicated property matters then you may be able to complete the divorce procedure without the help of a solicitor. If your partner does not agree to the divorce, it is called a defended divorce and you will need the help of a solicitor. Family law England and Wales covers a large number of issues with divorce being one of the largest areas which solicitors concern themselves with, along with issues related to any children involved.

Family Law Solicitors in Liverpool Deal with Divorce Every Day

For anyone dealing with the law it is well known that things can get complicated and stressful for all the involved parties. It is always helpful to have a family law solicitor who is experienced and who is well known to get results and fast. This is a major problem these days since the law is also a business and it is a sad fact that a long drawn out cases are more profitable than those which are resolved quickly.

I know of a family law solicitor in Liverpool who tries to achieve quick results and is also a very nice person. He works for a firm of family law solicitors Liverpool city centre and is honest enough to admit that some family solicitors in Liverpool do overcharge and delay things in order to make more money. This is not fair to the parties involved but it is the way that a lot of solicitors behave, leading to a bad reputation for the whole industry.

Separation and divorce

Separation is when you and your partner stop living together in a domestic or marriage-like relationship. There are no legal processes to become separated. Divorce is the official ending of marriage. You can apply to the court for a divorce together or on your own. A divorce does not sort out issues relating to children or property.

Costs

In family law cases you usually pay your own legal costs and court fees. Cost orders can be made in some circumstances.If you need a lawyer, but cannot afford to pay, you may be eligible for legal assistance.

Lawyers, costs and legal aid

It is a good idea to speak to a lawyer experienced in family law before making any important decisions. A lawyer can:

• Explain what you are entitled to, your responsibilities, obligations and rights
• Advise you about your situation, which may involve complicated legal issues
• Tell you about issues you may not have thought about
• Help you to negotiate in a dispute.

Do not rely on family and friends for legal advice.

Running your own family law case

You can represent yourself in court, but it's not easy. You need to know about the law and the court process. You will need to prepare and research well before filing court documents and presenting a case in court.The Family Law Courts website has information for people who are representing themselves.

A divorce will be granted by the county court if you can show the marriage no longer exists. Legally, this is known as the irretrievable breakdown of the marriage. The court will look at the evidence to prove that your marriage has irretrievably broken down. The court will accept any of the following as proof: adultery, unreasonable behaviour, and desertion, two years separation with consent or five years separation. It is advisable to find a firm of family law solicitors in Liverpool, or wherever you may be, which has built up a good reputation of being reliable and efficient as well as reasonably priced.

Liverpool Law Firms Handle Different Types of Cases All the Time

Law firms Liverpool, London and all over the country deal with all aspects of the law on a day to day basis. I have had some dealings with Liverpool law firms and have a friend who deals with family legal aid Liverpool. He once explained that there are different areas of the law and each has further sub-sets:

Civil law: lawsuits and other hearings where there is no accusation of a crime. In these cases, the standard of proof is preponderance of the evidence. Both sides are private parties and nobody can be sent to jail over the issue at hand, but the court can issue rulings which make people do things, refrain from doing other things, and/or award monetary damages

Criminal law: the process for dealing with crimes. In these cases, it is the government versus the accused, and the government has to show guilt beyond a reasonable doubt.

Administrative law: law dealing with the internal running of government departments and services. There aren't as many standard rules for administrative law, as it mostly deals with the regulations of a particular government body. Appeals of Social Security disability cases would be an example of administrative law.

Family law: a subset of civil law which deals with divorce, parenting, and related issues.

Corporate law: both civil and criminal law deal with regulating corporations and how they can act within society, things like accounting regulations and fraud (criminal) as well as product liability (civil).

Contract law: a subset of civil law dealing with contracts and how they are enforced by courts.

Traffic law: a subset of criminal law dealing with traffic violations.

Constitutional law: an overarching area of law dealing with the Constitution and its interpretation.

What is legal aid?

Put simply, legal aid is when the government pays your legal costs or part of them when you are unable to afford them subject to proof and the merit of your case. Sometimes you may have to pay a contribution and you have to repay the costs on receipt of money or property from a settlement.

Legal aid means representation by a solicitor or barrister in civil proceedings in the District, Circuit, High and Supreme Courts. Legal aid is available also for representation before the Refugee Appeals Tribunal. Legal aid is not granted automatically. If you require representation for a court case, the Board will consider if it is reasonable for to grant legal aid. This procedure is called the merits test. This test is applied to each individual case. If the Board considers that it is reasonable to grant legal aid, a legal aid certificate will be issued to you and you will have legal representation for your case.

For someone who is a lawyer family law Liverpool is a very profitable area to enter. Family law is one of the largest areas of the law and covers a whole range of issues which are related to family matters. These include divorce, separation, custody, alimony and the division of joint assets.