Island Life Magazine Ltd February/March 2012 | Page 34

Relationship breakdown
and the Law
with Janet Bell at Roach Pittis
Sadly, January and February is often
the busiest time for a family lawyer.
Perhaps it’s the stress and cost of
the Christmas festivities that cause a
relationship to end at this time of year.
For whatever reason, divorce or
separation can be a time of conflict
and heartache. If you have decided
to separate you probably have all
sorts of questions and worries about
what the future holds, and how
to manage both the practicalities
and the emotional impact of the
relationship breakdown.
It is important to get early legal
advice from a family Solicitor,
(preferably a Resolution Specialist).
Resolution’s 6,000 members are
family lawyers committed to
the constructive resolution of
family disputes. They follow a
code of practice that promotes a
non-confrontational approach to
family problems, to consider the
needs of the whole family and
in particular the best interests of
children.
You will find that the sooner you
know what you can expect from the
divorce/separation process, the sooner
you will be able to start planning.
Some Solicitors will offer a free or
fixed fee first meeting to discuss your
circumstances, outline your options,
and advise whether you are eligible for
legal aid.
To get a divorce in England and
Wales, you need to show that you have
been married for more than a year
and that the marriage has irretrievably

broken down for one of these reasons:
• That your spouse has committed
adultery and you find it intolerable to
live together.
• That your spouse has behaved in
such a way that you can’t be expected
to live together, (unreasonable
behaviour).
• That your spouse has deserted you
for at least two years.

• That you have been living apart for
two years and your spouse also wants
a divorce.
• That you have lived apart for five
years.
The reason for the breakdown of the
marriage forms the basis of the divorce
application, known as the "Petition".
Your Solicitor can advise on which
of the above is most suitable to your
circumstances. Ending a marriage is
a legal process and you must follow a
specific procedure.
You and your partner will need
Roach Pittis
62-66 Lugley Street, Newport PO30 5EU
TEL: [phone] www.roachpittis.co.uk

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to work out arrangements for any
children and sort out your family
finances and housing arrangements.
You may well have worries over
the financial implications of the
separation, such as whether you'll
be able to keep the family home or
whether your children will have to
change schools, how much money you
will have to live on and what the status
of you and your partner’s pensions
may be. Your Solicitor can advise
you on all of this.
Statistics have shown that 40% of
men and 38% of women reach the
age of 50 never married. More and
more people are living together,
but many of them believe that they
have the same protection as married
couples if they split up. They don't.
The myth of common law marriage
and the fact that official bodies
refer to people “living together as
husband or wife,” means that many
people who live together are not
aware that they have no rights when
their relationships end. The law on
cohabitation is complex and it is most
important that you take detailed legal
advice about the breakdown of such
a relationship and never move out of
the family home without first having
advice from your solicitor.
*Janet Bell is Head of the Family
Department at Roach Pittis and an
accredited specialist with Resolution.
Roach Pittis offers a free advice clinic
and also a fixed fee service.