Marriages should last a lifetime, but unfortunately, this is not a guarantee. Some couples amicably agree to go separate ways when they realize their relationship is not working anymore. A no-fault divorce is the fastest, simplest and cheapest you can get.
Nonetheless, some couples opt for fault-based divorces so that they can obtain some advantage in their separation. In this option, you will have to prove that there exist viable legal grounds for granting your divorces such as cruelty, abandonment, infidelity, impotence, or substance abuse
You will have a disadvantage without UK’s divorce lawyers to help you navigate a fault-based divorce in London. Without the best divorce attorney, your ex will get a bigger share of your marital property, alimony and even an advantage for your child’s custody arrangement.
Moreover, some jurisdictions will have a separation timeframe for couples applying for a no-fault divorce, and this might not work if you want an immediate separation. The following are some of the defenses that can apply to your fault-based divorce proceedings:
This occurs if a spouse sets up another one to commit an act which can be used as grounds for a divorce. Connivance is, unfortunately, a limited divorce defense and is only used for divorce cases in which adultery is the basis. Here, a spouse might encourage the other to have an affair only to turn around and use it as the grounds for a divorce.
This defense proves that one spouse was aware of the other one’s misconduct but still forgave them and resumed the marriage. Like the connivance defense, the condonation defense is also typically used in divorce cases which feature adultery. This defense will work if your spouse knew you were adulterous and took you back only to use it later as a basis for your divorce.
This defense is used if a spouse is engaging in the same act they have brought as the basis for filing a divorce. If your spouse, for instance, uses adultery, abandonment, substance abuse or cruelty as the ground for your divorce, you can get off if you can also prove that they are guilty of a similar issue. Fortunately, recrimination is not so hard to prove.
There are instances when your spouse will provoke you into omitting an act so that they can cite it as the reason for your separation. If for example your partner abused you during your marriage and you left as a result, but now they are citing abandonment as the reason for your divorce, you can use provocation as your defense. In this case, your spouse provoked you into leaving them by abusing you first.
These defenses will not prevent a judge from granting your divorce since the law will not force you to stay married to someone you would rather not. The defenses will, however, level out the playing field for your divorce. As such, you will get what you are reasonably owed in alimony, property distribution, child custody rights and other elements of divorce.
Choosing to handle a fault-based divorce without the best attorney will only leave you with unfair judgments and sometimes legal penalties.