Adoption by Gay Couples

Gay Rights has become a highly debated subject in recent years. The majority of people now agree that gay people and gay couples deserve the same rights as anyone else, but there are still people with strong opposing view. This is especially the case when it comes to adoption.

Gay people have been granted equal rights in many areas, with civil partnerships the biggest victory for gay right campaigners. Civil Partnership were introduced in the UK in 2005 and are a form of gay couples registering their partnership; very much like marriage under a different name. This was a way of legalising a marriage type institution for gay people, but getting around the argument that marriage should be for male-female couples only.

Same-sex adoption is an area that has been pursued heavily, and one that produces much debate. Some think that there should be equal right in all areas and therefore same-sex adoption should be legal, while others are completely against it. This includes many religious groups, especially the Catholic Church. The UK is amongst many nations where same-sex adoption is now legal, and more countries are bringing in similar laws all the time.

Below are some of the points that are being put forward on both sides of the gay-adoption argument.

ARGUMENT FOR

• There are so many children waiting for adoption so it only makes sense to utilise gay couples wishing to adopt.
• One of the main points made against same-sex adoption is that children need male and female role models. However the traditional family is not as common as it once was, and therefore many children do not grow up with both biological parents anyway.
• It is morally right that gay couples should be given the same adoption rights as straight couples.
• There is no reason why gay people cannot be good parents.

ARGUMENTS AGAINST

• It is best for children to grow up with a male and female role model. Even when parents separate, the children see both in the majority of cases.
• Children could be bullied if their parents are gay.
• Children could suffer psychologically by being bought up by a gay couple.

The question has to be asked, what is most important with adoption?

The most important thing is that children are loved and cared for, and therefore does it matter if they are bought up by one male, one female, one of each, or two of either? And is sexuality important in someone’s ability to bring up children? If the answer to these questions is no, then this suggests that adoption should be allowed for gay couples.

Most of the argument against same-sex adoption can be countered.

• Many have claimed it is best children are bought up by both biological parents, but many do not stay together anyway.
• Emotional problems can stem from being bought up by gay parents – many studies that have been carried out looking into the subject though, suggest there are usually no psychological affects.
• Being bought up in a stable family is best for children – but civil partnerships can be just as stable as marriages.

THE LAW

Before the current laws came in one person was able to adopt a child. This meant that an adopted child could potentially live with this person and his or her partner, even if they were in a same-sex relationship. There were also situations where a gay woman would become pregnant through artificial insemination and then the child could live with her and her partner. This gave lesbian couples an advantage over all-male couples. In many ways then, it was possible for gay couples to bring up children.

New laws were implemented in 2006 so that same-sex couples could adopt a child together. There are strict adoption rules, but they are the same for gay and straight couples.

Many adoption agencies have ties with religious groups. Those with catholic connections refused to allow adoption by gay couples. This was ruled as being illegal in June 2009. Many of these organisations claimed they would rather close down than adopt to gay couples. However, most have abided by the rules.

Andrew Marshall ©

Civil Partnership Solicitors

What is Commercial Law?

Commercial Law is the name given to any legal issues around the area of business and commerce. Commercial Law is made up of many different areas.

CONTRACTS

Contracts are legally binding agreements, usually in the form of a document. Contrary to popular belief though, verbal agreements are also legally binding. Contract can be agreements with clients or customers, such as what work will be done, how and when. In a retailer, when an item is sold to a customer that automatically becomes a contract of sorts. The customer has certain rights, such as the right to a refund if the item is faulty.

Another area where contract are important, are employment contracts. Employment contracts dictate an employees’ salary, working hours, holiday entitlement and working conditions. The employer then has to abide by these agreements.

TAX

It is important that businesses pay the right amount of tax, or they will be held legally accountable. Solicitors can advice business on the areas where tax can be saved, and which tax breaks they are entitled to. For example charities are often entitled to certain tax reliefs.

EMPLOYMENT LAW

Employment Law regulates the legal rights of workers. Businesses have to make sure employees are paid correctly. This is even more important since the advent of the minimum wage in 2000. Employment Law also protects against discrimination; businesses are not allowed to discriminate in any situation, including during the recruitment stage. This area of commercial law also dictates the legal holiday entitlement and the maximum working hours allowed.

MERGERS & TAKEOVERS

There are a number of legal issues to consider when a business takeover or a merger between two or more businesses takes place. Commercial solicitors are required to make sure everything is as the law dictates. Contracts must be sorted out to state the conditions of the takeover. This can include how the role of employees may change, any agreement as to the direction the company will take, and of course the financial agreements. Agreements as to when payments should be made, and whether it is in instalments or a lump sum are covered here. The company which is being taken over may demand certain conditions of the sale.

HEALTH & SAFETY

This is an area that has become increasingly important in recent years. This area of law covers the health and safety of employees and customers. Areas of operation must have potential dangers clearly marked and steps must be taken to prevent accidents where possible. Companies can be help responsible if accidents occur.

FINANCE

Finally, finance is an area that is relevant across business. Relationships between businesses and banks can be crucial to the financing of businesses so it is an important consideration. Finance overlaps with many other areas of commercial law, such as employment, tax and contracts.

Andrew Marshall ©

Commercial Solicitors London

More divorce after Christmas that at any other time

The New Year period is traditionally the busiest time of year for divorce solicitors. They have more enquiries that at any other time, and more couples enter divorce proceeding in the post-Christmas period of January and February.

Couples often spend a lot of time together over the Christmas period. Whereas the rest of the year they have the distractions of work, over the holiday period their personal life is what is most important and what they focus on most. For many this is a positive thing, but some may realise at this time that their relationship is not working. The lack of distractions outside of the family also means that you cannot get away from your problems at home in the same way. Another issue can be that couples are more likely to fall out and argue if they are spending several days together.

Divorce Solicitors have said that many of their post-Christmas female clients complain that there husbands have been spending Christmas in the pub and not with them. They had been hoping that spending time together over this period would help solve their marriage problems, but this has not been possible as her husband has spent much of his time elsewhere. It therefore ends up having the opposite to the desired effect. If couples realise things are not improving, the Christmas period is more likely to make up their mind about separating than any other time.

When a New Year begins people reflect on the previous year and look ahead to the next. In someone has been unhappy in their marriage they may reflect on this, and if they see no light at the end of the tunnel for the upcoming year they may decide a divorce is the best option. Another factor is that people think things will be different when a New Year begins, but in reality the calendar doesn’t change anything.

The stress of financial trouble is one of the most common reasons why families separate, and Christmas can be expensive. Existing difficulty with finances can get worse over this period and this can lead to increased problems within a marriage. Christmas has also been identified as the most common time for people cheating on their spouse. Festive activities such as office parties can lead to this type of thing, and inevitably end relationships in many cases.

Post-Christmas divorces are also more common due to people not wanting to get divorced prior to the festive season. Divorce Solicitors often receive enquiries late in the year but divorce proceedings don’t begin until January. Christmas is seen as a special time so people do not want to get divorced soon before. This is even more likely to be the case for couples with children. This means those who would start divorced proceedings anytime after September may wait until January, meaning there could be 3 months worth of divorces happening early in the year.

Andrew Marshall ©

Divorce Solicitors London

Education Law – An Overview

Education Law takes care of any legal issues around education. There are many areas of education where law dictates how things work. Here we take a brief look at some areas that are covered by education law.

EMPLOYMENT
Just like any other business anyone who works for an educational institution, such as a school, college or university, must act and be treated according to the normal employment laws.

EUROPEAN LAW
There are European laws that dictate certain areas of education law. This is likely to increase in the near future, with the Lisbon Treaty going through. This means that many of the education laws are likely to be uniform across Europe.

INSTITUTION RESPONSIBILITIES
There are certain responsibilities set out by law that educational institutions must abide by. They have a duty to teach certain things (depending on the type of institution) and sometimes they have certain procedures which they must follow. For example secondary schools must teach certain subject, such as English, Maths and Science.

TRAINING
Anyone working in education must be trained sufficiently to fulfil their specific role. School teachers have to have formal training, both to make sure they have the skills to teach children and to make sure they know their subject areas sufficiently.

CHILD CARE
Educational institutions have a duty of care. Those looking after children must be deemed fit to take on such a role. This can include background checks so everything possible is done to make sure children are safe in their care.

SPECIAL NEEDS
Institutions have a legal obligation to meet the needs of those with special needs to make sure that they are given the same opportunities as others.

HEALTH & SAFETY
There are health and safety guidelines that must be followed. Premises must be deemed safe for purpose. Compensation might be payable if an institution is found to be liable for an injury that has occurred while the victim was at the premises.

DISCRIMINATION
Students (and teachers) cannot be discriminated against for any reason. Everyone must be treated equally irrespective of gender, age, race, sexuality or religion.

FINANCE & FUNDING
Certain rules apply as to how different institutions can acquire funding. For example, states schools have to be free for all. Different regulations apply to state and private institutions, as they do depending on what type of institution they are (e.g. schools and universities are treated differently).

STUDENT ADMISSION
This is an area that has been much debated recently. Rules that decide who has the right to attend a specific school are set out by law, something that is based on the geographical areas in which they live. Many parents have been known to dispute these decisions.

STUDENTS TAKING ACTION AGAINST EACH OTHER
Although rare, there are some occasions where students have taken legal action against each other using Education Law Solicitors, with the most common reason being that they have been bullied by the student in question.

DISCIPLINE
There are laws stating forms of discipline that can be carried out. In the past physical punishment was legal but this is no longer the case. There can also be disputes where children have been excluded from school.

POSSESSION OF SUBSTANCES
Certain substances are banned by law from premises. Illegal drugs are obviously not allowed, but cigarettes and alcohol are also not deemed acceptable at certain premises. This mostly applies to schools.

SEARCHING
Students are allowed to be searched on occasions but only when there is sufficient suspicion that they have broken rules. This can include searching pocket, bags and lockers.

Andrew Marshall ©

Family Law in the UK

Family Law is the sets of laws that relate to any family and relationship matters. These include marriage, divorce, civil partnerships and many areas relating to children and parenting.

When two people get married they must sign a marriage certificate to confirm that they are a married couple. This must be witnessed by at least two people and the ceremony, whether it be in a church, registry office, or anywhere else, must be conducted by someone who is authorised to register marriages. This is necessary for the marriage to be recognised under UK law. Those marriages that take place in another country according to their own law, still stand in the UK. Anyone in a legally binding marriage must go through divorce proceeding if they no longer wish to be married.

Anyone getting married in the UK must be over 16 years of age; those under 18 must seek written permission from their parents. It is illegal to get married at the age of 16 or 17 without this permission, but the marriage will still stand. You cannot be married to more than one person at a time, although this is not the case in all countries. If you are married to multiple people it is called bigamy, and this can carry a jail sentence. Another legal requirement is that two people who are closely related can not get married to one another.

To get a divorce a couple must go through a legal process. This can sometimes be simple, but it can be extremely complex depending on the couples circumstances. This can especially be the case if the couple have children together. During the divorce process possessions and finances have to be split and this can be a long and arduous process. Around 10 per cent of divorces end up going to court.

When a couple separated (whether married or not) and have children together there are family laws that play their part in dictating with which parent the child or children live with, although this can be split. This is the most common point of dispute with separating couples and can often end up be deciding in the courts. Visiting rights for the parent who doesn’t have custody can also be determined by a Judge. Family law with regard to children is often criticised for the fact that in the majority of cases custody goes to the Mother, especially if the couples had not been previously married. Maintenance payments also have to be determined.

A significant development in family law in the last few years was the introduction of Civil Partnerships in 2005. A civil partnership is essentially the registration of a partnership of a same sex couple. In many ways it is like marriage under a different name. Civil partners have many of the same rights, such as tax breaks, as married couples and there is also a process that must be followed to end the relationship – this is called a civil partnership dissolution.

There are stringent adoption laws put in place for the safety of children who are to be adopted. If someone adopts a child it means that they are the legal parent, and for this to happen there is a sometimes lengthy process to go through. Adoption authorities have to make sure they have done everything necessary to make sure children are adopted by the right people.

Andrew Marshall ©

Driving Offense Punishments

There are a number of crimes related to driving in the UK, with some more serious than others. Different punishments apply depending on the offense as well as its nature and whether it is a minor infraction of the law or a more serious one.

 

DRINK DRIVING

 

Drink driving is an issue that has got more and more coverage in the media, and is being cracked down more than ever. The legal drink driving limit in the UK is 35 micrograms of alcohol in 100 millilitres of breath. Being caught drink driving, or driving under the influence of drug (including some prescription drugs) could lead to up to six month imprisonment and a fine of anything up to £5,000. In most cases this will include a driving ban of between one and three years. Refusing to co-operate if stopped by police is also an offence and can carry the same punishment. By law, anyone who is asked by police must agree to a breath test, and failure to do so is illegal.

 

If a death has been caused by someone driving under the influence of drugs or alcohol, then the potential punishment is more severe. There could be a jail sentence of up to 14 years and an unlimited fine. At least a two year driving ban will be given, but this could be much longer depending on the nature of the offence.

 

SPEEDING

 

The seriousness of speeding depends on a variety of factors, such as the area where the offense is committed, prior driving offenses, and how far over the speed limit you are. Minor offenses will result in a £60 fine and 3 penalty points. Driving around 10 miles per hour over the speed limit will usually result in this, although it does depend. More serious speeding offenses could carry a fine of £1,000, or £2,500 on a motorway. These could mean 6 penalty points, although a very serious offense could mean a driving ban.

 

DANGEROUS DRIVING

 

Many offenses could come under the heading of dangerous driving. This could be excessive speed, or driving without due care in other ways. Dangerous driving will lead to a court case, and if found guilt will mean a ban of at least a year. On top of this there will be either a fine, community service or in more serious cases, a prison sentence.

 

DRIVING WITHOUT INSURANCE OR LICENCE

 

Driving without the correct insurance or without a license are considered serious offenses.

 

Driving without insurance carries a 6 to 8 point penalty is most cases, but can lead to a driving ban, and a fine of up to £5,000. If someone is not insured on the specific car they are driving, but have insurance for their car, the offense is still considered as serious as not having any insurance. Letting an uninsured driver drive your car is also illegal.

 

Driving without a licence will incur a penalty of between 3 and 6 penalty points, which will be added if the person in question ever gets a driving licence. This would mean an immediate ban, and then having to re-take a driving test once the ban is over.

 

DRIVING WITHOUT AN MOT OR ROAD TAX

 

These offenses are less serious, but will still result in a fine if caught. Being caught driving without an MOT will mean a fine of less than £100, and your licence may be revoked until you have had the MOT completed. This is to prevent you from continuing to drive without the MOT. Driving without a valid tax disk will result in an £80 fine, and a warning to renew the road tax.

 

OTHER

 

There are other driving offenses as well, including driving without a seatbelt, having lights that are broken or not working, or driving where not permitted (e.g. wrong way down a one-way system). This will usually just mean an on the spot fine and a warning of future conduct.

 

Offenses that can lead to serious accidents are treated most seriously, while there is some leniency to those that could only cause minor problems. Drink driving and dangerous driving are most likely to cause serious accidents so are punished more severely. Speeding is dealt with according to the offense. It is easy to drive a few miles per hour over the limit without realising it and it is unlikely to make the situation much more dangerous. Driving an excessive speed could cause a very serious accident so are punished accordingly. Someone driving without insurance is deemed more of an infraction of the law than someone driving without an up to date MOT or road tax. Causing injury to someone or damaging someone’s property or vehicle without insurance will mean you are not covered for damage that could cost a vast amount. It would, however, be easy to forget to update an MOT or road tax, and it would not cause an accident (unless an MOT is way over due) so the punishments are not so severe.

 

Andrew Marshall ©

Criminal Law Solicitors

Why Charities must prove they are genuine

By law any charity has to fit certain specification to prove that they are a genuine charitable organisation. Although some would not agree with who should be considered a charity and who should not, there are important reasons why only genuine charities should be given charity status. It is crucial that bogus charities are not allowed to be given the status and kudos of genuine ones.

There are a number of criteria that those wishing to receive charity status need to meet. The most obvious is that they must show they have a charitable purpose. They must fit within one of several categories of charity that include the following: -

• Promoting the Relief of Poverty
• Promoting Human Rights
• Promoting Animal Welfare
• An Educational Organisation
• Promotion of / Education about Religion
• Health Services
• Involved in Art, Heritage or Science

These organisations must also be able to show they are working for the public benefit. If they are unable to do this they will not be deemed a charity, even if they have a charitable purpose. If they are not working in the public interest (in the UK or internationally) then they are not considered to be achieving something important enough to be given charity status.

One important reason why charities need to reach the criteria is that they are more likely to receive donations if they are a registered charity. Due to the rise in bogus charities more and more people are double checking charities are registered as such before they give donations. It is therefore crucial non-charities are unable to get away with claiming they are one. Charities with small incomes do not have to prove their charitable existence but many are choosing to do so for this very reason; that they are more likely to receive support from the public.

Other reasons why it is important for charities to prove they are genuine is because there are tax benefits and they can receive legal aid

Tax breaks mean that charities are able to put more of their income towards the causes they exists to help or promote. It is though, important non charitable organisations are not able to benefit from this same assistance. If organisations that should be paying the full amount of tax are not doing so the general public are affected. Less people and organisations paying the normal rate of tax, means that the average person will have to pay more to compensate, or there is less available for the government to spend on public services.

There is only a certain amount of legal aid that is put aside for charities to use. Therefore it is important only genuine charities are able to receive these funds. If non-charities are getting this aid then there is less to be split amongst the charities who need it.

Andrew Marshall ©

Charity Law Solicitors

Types of Solicitor

There are many different types of solicitors operating in the legal world. Here is a short synopsis of the roles of 10 areas of solicitor practise.

FAMILY / DIVORCE

It is always a good idea to use a divorce solicitor when going through a divorce, to make sure you get what you deserve. If you ex spouse has a solicitor and you don’t, you may have a significant disadvantage. This is still the case if you will not be going to court and are trying to come to an agreement with your former partner. Your solicitor will advice you of your rights and double check everything.

A Divorce Lawyer is almost essential if you will be going to court; whether it comes to splitting property, finances or anything else. When it comes to children a solicitors could help you get custody or sufficient visiting rights. They may also help if you should be receiving child maintenance from the other parent.

COMMERCIAL

Commercial, or corporate lawyers, work within the business sphere. They deal with a whole host of areas that a business may be involved in. This could be a dispute between two businesses or a business and another organisation or individual. Any legal documentation, including contracts, will be dealt with.

EMPLOYMENT

Employment could also come under a commercial lawyer, or it could be dealt with a specialist. This area of law often refers to disputes between an employer and employee. If someone doesn’t believe they are being given their employee rights or are being treated unfairly they may seek an employment solicitor’s advice. This may include a claim of unfair dismissal.

A business may also use an employment solicitor when sorting out compensation packages when someone is being made redundant, and to make sure everything is being dealt with in the right way if they are terminating an employee’s contract.

CRIMINAL

Criminal Solicitors are used by those accused of committing a crime. If contesting the accusation a lawyer will gather evidence to try to prove the innocence of their client. Lawyers are important in giving the accused a fair trial, and making sure someone is not wrongly convicted. Those who admit guilt may still want legal assistance; to try to get the best, or least worst, possible punishment.

The state will also use a criminal solicitor in the case of a court case. Their lawyers’ job is to prove that the defendant is guilty.

WILLS AND PROBATE

Wills and probate is the legal term used for anything involving wills. A lawyer can be consulted when writing a will to make sure things are legally in place so it will be honoured when the person in question dies. Once the person has died a solicitor will be used to make sure the will is executed as the deceased wished. Friends or family of the deceased will used a lawyer if they would like to contest the will.

PROPERTY

Property, or conveyancing solicitors, are required when someone is wishing to purchase a home or other property. They are necessary to deal with any legal issues involved. Their roles include taking care of stamp duty, looking into land registry issues and reviewing contracts. If a mortgage is being taken out by their client they liaise with the lender to make sure everything is in order. Fees are usually dependant on the price of the property being purchased, and are normally in the region of half a per cent of the properties value.

INTELLECTUAL PROPERTY

Intellectual property refers not to property as in a building, but property as a result of creation. This will include trademarks and copyright. Anything that is created by someone will come under this. If something you have created has been unlawfully used or copied by somebody else then you might consult an intellectual property lawyer.

TAX

There are lawyers who specialise in tax disputes. If someone either believes they are paying too much tax or has been accused of avoiding tax, a solicitor can help. Like in criminal law, the state may also use a lawyer, if they believe someone has been withholding tax.

INJURY

If you have an accident and believe you deserve compensation then an injury solicitor can help. First of all you will be able to seek advice as to whether your case is worth pursuing. If you accident is due to negligence of another party you solicitor will help you receive the necessary compensation. Such examples could be if you have had a slip or fall, an accident in a dangerous area that had not been clearly marked, or an accident in a public building where health and safety rules have been broken.

IMMIGRATION

Immigration solicitors are used in the case of somebody trying to move into the country from overseas. They can help with any legal issues and paperwork. This could include those seeking asylum, applications to become a citizen, and sorting out work permits.

Andrew Marshall ©

Solicitors London

Divorce Lawyer London

World Crime and Murder Trends

Murder Rates (per 1 million people)

1^st Columbia 618

2^nd South Africa 496

3^rd Jamaica 324

5^th Russia 202

24^th United States 43

30^th Finland 28

40^th France 17

60^th Japan 5

Crime Rates (per 1 million people)

1^st Dominica 114,000

2^nd New Zealand 106,000

3^rd Finland 102,000

4^th Denmark 93,000

5^th Child 88,000

6^th United Kingdom 86,000

8^th United States 80,000

10^th South Africa 77,000

31^st Russia 21,000

37^th Jamaica 14,000

59^th India 1,000

Columbia is the world leader in murder rates, with 618 murders for every million people. It is significantly high than South Africa, which is second. Jamaica and Venezuela are the next two with Russia the highest European country with 202 murders for every million. The number of murders in the United States has fallen to 43 per million, but figures for Eastern Europe has generally risen.

In many cases the trends differ for crime rates in general. Dominica has the most recorded crime followed by New Zealand, Finland, Denmark, Chile and the United Kingdom.

Although Columbia has the highest murder rate it is not in the top 60 of general crime rates. This is similar with South Africa and Jamaica. These countries have a high amount of drug related crime (although often not reported and therefore not recorded); something that can often lead to disputes and therefore murder. A large proportion of crime in these countries could be attributed to this.

Murder rates are significantly higher in Eastern Europe than Western Europe. Over the last twenty years there has been much political unrest in Eastern Europe, and this is something that can cause crime.

Some countries have high crime rates that would surprise many. Countries that traditionally have had low crime, such as Finland, Denmark and Japan now have higher crime.

Western Europe generally has a low murder rate but a much higher general crime rate. One of the reasons for this could be that a higher percentage of crime is reported. There are also more laws relating to ‘lesser’ offenses. Speeding and littering, for example, are not illegal in many other areas of the world and it is therefore easier to break the law. Research generally shows that areas of wealth have less crime, and this could be another factor. In some ways New Zealand is similar to this. They have a high crime rate, but low murder rate, with a large proportion of crimes being minor ones.

The United States murder rate has fallen significantly, but overall crime remains relatively high, much like Western Europe. Murder is still more common though, with the fact that guns are legal and easily obtainable likely to be a contributing factor. Violent crime has been reduced though, and this is partly due to greater effort being made by the authorities. New York is a good example of this, with crime rates, and especially violent crime having fallen by a large margin over the last ten to fifteen years.

Crime rates are extremely low in India and China. Some would argue that these areas have high morals and therefore lower crime. You could also argue though, that there are more severe punishments for crime, and therefore it is less worth the risk.

Andrew Marshall ©

Criminal Solicitors London

Statistics from www.nationmaster.com

Divorce Law in the United States

The United States have among the highest divorce rates in the world. Much of this has been blamed on the fact that it is relatively simple to acquire a divorce and that it is too much of an easy option once a relationship runs into problems.

There are many different types of divorce in America, with different laws for each of them. Family Law varies from state to state, so not all sections of divorce law apply to the whole of the country.

The type of divorce that has been blamed most for the high divorce statistics are No Fault Divorces. This means that neither partner is to blame for the breakup of the relationship and that there is no specific given reason for the divorce. If the couple have simply drifted apart or fallen out of love then this is the part of divorce law they will proceed with. Critics have said that a No Fault Divorce is too easy and means that couples do not attempt to work through their problem, therefore contributing to the high divorce rates. The advantage of this type of divorce as far as the couple is concerned is that it is less expensive and speeds up the process, thus making it less stressful and meaning they can get on with the rest of their lives more easily. In some states they only have to fill out some simple forms for a divorce to be granted.

Before No Fault Divorce’s were brought in one member of a couple had to be at fault for the marriage breakdown and there had to be a specific reason given for the divorce. These could be, amongst others, adultery, physical or mental cruelty, desertion, confinement in prison, or insanity.

In areas of divorce other than No Fault Divorce, a court must find that one of the following is true: -

• The relationship is no longer viable
• There are irreconcilable differences between the couple
• There is a conflict of personality that has destroyed the relationship
• The marriage have irretrievable broken down

Litigated Divorce is the type of divorce that comes to mind when most people think of divorce. Here a Family Solicitor on behalf of each person will try to work out an agreement, which will include settlements of finances, property and children amongst other things. These situations are the most complex and often end up in court, meaning that a good Divorce Lawyer will be an advantage. This is the most common type of divorce used in the United States where the couple have children together.

Mediated Divorce is where each member of the couple will try to work together to come up with an agreement. Neutral professionals (not working for either of the couple) may be involved to help come to an arrangement that is good for all concerned. If the situation cannot be resolved in this way it can turn into a Litigated Divorce.

Another type of divorce in the United States is an annulment. This dissolves a marriage and ends up being like there was no marriage in the first place. The vast majority of annulments will take place after a marriage is in its very early stages. An annulment will have to be granted by a judge. The most common reasons for an annulment are fraud (emotional fraud, having lied to the other person), concealment or a misunderstanding over a serious issue.

Andrew Marshall ©