Grounds for divorce
Going through a divorce, or separation, is one of the most stressful activities that you can possibly undertake.
This is defined in the law as very bad behaviour, such that it is no longer possible for you to live with them. You could not bear to live with such behaviour. One form of unreasonable behaviour is called physical violence. If your partner has physically attacked, or assaulted you (and if that counts as physical violence legally) then you have grounds for a divorce. A related ground for divorce is that your partner has made insults or threats against you. This counts as verbal abuse and is a very damaging form of abuse, taken seriously by the courts.
Another form of unreasonable behaviour involves forms of addiction. If your partner is often drunk, and abusing alcohol, then it is not reasonable for you to live with them and you may be able to get a divorce. Drug taking also counts as unreasonable behaviour. Often the two may be linked and you may find that this compounds the grounds for divorce.
Finally, if a partner is not giving money for housekeeping then this could count as a reason for divorce. This is a form of unreasonable behaviour which is understood by the courts.
The list above is not an exhaustive list of examples of unreasonable behaviour and there may be many other cases which can be classed under this definition. It is best to consult with us for legal advice.
General information about Mediation, Please click the links below to find out more info:
Family’s are deeply affected by divorce or separation, especially when there are children in the family. Often these painful situations can be helped with the aid of a mediator who will hold a Mediation Intake Assessment Meeting or MIAM. MIAMs can soothe ruffled feelings and ensure that communal assets are divided equally, make sure that financial obligations of both parents are laid out and help to make the break as easy as possible for all the members of the family.
When attending a court proceeding on the matter, the family will need to present an FM1 (Family Mediation 1 form) which confirms that a MIAM has been held.
As of April 2014, significant changes were made to the judicial system regarding separation and divorces, particularly where children were involved. These changes ensure that the welfare of the children is paramount, with minimal impact on the children and as little negativity as possible. One of the major changes was a requirement for a mediation session or MIAM to be attended before any court proceedings to do with financial or custody matters (hence the need for a FM1 to be produced).
If the split is acrimonious and both parties find it difficult to be in the same room, as would happen with face to face mediation, it is possible to ask for shuttle mediation.
Shuttle sessions happen when the two parties are seated in separate rooms and the mediator shuttles between the two, discussing issues and offering solutions.
Shuttle mediation is often a good solution with distance between the parties allowing for rational and reasoned thinking.
Mediation sessions are now a legal requirement, and your ex’s lawyer will make this clear to him or her.
Offering shuttle mediation, in which they will not have to share a room while coming to an agreement, is sometimes a way to make the thought of mediation more palatable.
Mediators can also help with will disputes: resolving issues between heirs and coming to an acceptable compromise in the event that the will is ambiguous or unclearly worded.