Kiteleys Solicitors

Kiteleys Solicitors. 7 St. Stephen's Court, 15-17 St. Stephen's Road, Bournemouth, Dorset. BH2 6LA. Telephone 01202 299992.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.

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An eye on the law

At Kiteleys we are a team of experienced solicitors, all very enthusiastic about our own specialist areas of the law.

We use this area to share both our own and national news items which we think you might find interesting.

Please feel free to browse and comment on anything that takes your interest.

29th March 2017

Getting Divorced – it’s not as easy as you might think!

Mrs Tini Owens wanted to get divorced, because she was “desperately unhappy” in her marriage.

However,  Mr Hugh Owens said no to getting divorced because he felt that he and his wife still had a “few years” to enjoy.

Therefore, it was up to the Courts to decide what should happen.

On 24 March 2017, the Court of Appeal made that decision, by telling Mrs Owens she was not yet allowed to get divorced!

This has all come about because Mrs Owens sought to rely on the most commonly used legal fact; the ‘unreasonable behaviour’ of her husband.

However, despite it being found in court that their marriage had irreconcilably broken down, and that Mrs Owens could not go on living with the husband, and that Mr Owens was ‘deluding himself’ about the state of his marriage, the court also found that Mrs Owens had failed to prove the current legal requirement: that her husband had behaved in such a way that she cannot reasonably be expected to live with him.

Whilst this is a very unusual case, it does demonstrate that getting divorced is not as easy as you might think.  A “quickie divorce” still takes some 4 months at best, often longer, from start to finish. A significant change in the law via Parliament will be required if anything is going to change anytime soon, and what with the pressures of Brexit over the next few years, it seems highly unlikely that that will happen.

In the meantime, what can divorcing couples do?

One good option is to try and engage in dialogue. Financial matters and child arrangements can still be sorted out even if the actual divorce has to wait until later.

Whatever the problems, dialogue with support from specially trained collaborative family lawyers or mediators can result in practical solutions to help a couple move on with their lives separately from each other.

Dialogue and agreement are by no means an easy option, but approached in the right way with the right specialist support, even the most acrimonious dispute can be resolved by compromise despite that seeming an impossible task at the start. This is also much cheaper than the alternative: a fight in the Family Court.

To discuss any family issues, please telephone Kiteleys’ specialist family law solicitor, Colin Mitchell for a free initial telephone assessment on 01202 875646

Posted by Mark Kiteley.

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Kiteleys Solicitors. 7 St. Stephen's Court, 15-17 St. Stephen's Road, Bournemouth, Dorset. BH2 6LA. Telephone 01202 299992.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.