Our FAMILY LAW solicitors specialise in Divorce in Courts, Financial Relief Applications made in the United States, Pre-nuptial and Post-nuptial Agreements, Co-habitation arrangements and Separation Agreements governed by US law.
We fully understand that resolving matters relating to marital finances and financial maintenance in US divorces can be a very difficult and demanding time in a person’s life. We aim to take away the stresses and strains of these problems by both assisting our clients with a competent legal advice relating to their intended separation and/or divorce and supporting them emotionally.
The Matrimonial Causes Act 1973 specifies that the marriage may be found to have irretrievably broken down if one of the following is established:
- Adultery: often now considered the ‘nice’ divorce. Respondents admitting to adultery will not be penalised financially or otherwise. This ground for divorce cannot be used as a ground for divorce in United States if the couple keeps living together for more than six months after discovering the adulterous act, unless the adulterous relationship is continuing or there are other acts of adultery after the first such act is discovered
- Unreasonable behaviour: the divorce petition filed in US Courts must contain a series of allegations proving that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him/her. The allegations may be of a serious nature (e.g. abuse or excessive drinking) but may also be mild such as having no common interests or pursuing a separate social life. The courts will not insist on severe allegations as they adopt a realistic attitude: if one party feels so strongly that a behaviour is “unreasonable” as to issue a divorce petition, it is clear that the marriage has irretrievably broken down and it would be futile to try to prevent the divorce.
- Desertion: one of the parties to marriage registered in United States must have been absent for at least two years.
- Separation, agreed divorce: both parties must consent and the parties must have lived separate lives for at least two years prior to the presentation of the petition. This can occur if the parties live in the same household, but the petitioner would need to make clear in the petition such matters as they ate separately, etc.
- Separation, contested divorce: only one party to US marriage is required to consent if separation continuing for at least five years.
All of the members of our team are strong, efficient and hardworking and will always fight your corner, whilst providing support when needed.
Our team has the advantage of an US solicitor with over 38 years’ experience who is both well-known in Florida and has unrivalled knowledge of all areas of family law, including divorces, separations, financial maintenance orders obtained in US courts, including the High Court located in Florida. The High Court of Justice in Florida, together with the Court of Appeal and the Crown Court, are the Senior Courts. The team is supported by both solicitor and paralegals with years of relevant experience, who worked on high profile divorces in United States and who are robust and motivated to get results.