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  3. Divorce For every 1,000 married couples in the UK, 13 end up divorced according to statistics. Divorce is often a complicat

Divorce For every 1,000 married couples in the UK, 13 end up divorced according to statistics. Divorce is often a complicat

admin2010-08-21  45
问题                                          Divorce
     For every 1,000 married couples in the UK, 13 end up divorced according to statistics. Divorce is often a complicated and messy process, and throws up many pitfalls.
Divorce issues
    Such thorny issues as whether to sell your home, which parent will look after your children, and how it will affect any loans you- may have, will all have to be resolved. And if you are divorcing your partner in Scotland rather than in England and Wales then another set of laws will apply.
     For many couples, obtaining a divorce has never been easier. The old-fashioned concept of establishing that "one party is at fault" has been consigned to history and the important fact to establish now is that the relationship has "irretrievably broken down".
In court or online?
    It is even possible to divorce your partner online, allowing you to save on legal costs — and according to online experts, this can save you about ￡700 from the average ￡800. However, this method is only suitable for very straightforward and uncontested divorces.
    Alternatively, you can apply for divorce at a county court in England and Wales, but todo this, couples must have been married for at least a year.
     The first stage of divorce is obtaining what is known as a "Decree nisi (日后才生效的离婚判决书)". This is granted if the court is satisfied the marriage has "irretrievably broken down", and this is proven by showing one of five things: adultery (通奸行为); unreasonable behaviour; desertion on the part of one partner for at least two years; that the couple have been separated for two years and both spouses consent to divorce; or that the couple have been separated for five yearn.
    Your spouse’s "unreasonable behaviour" must be so intolerable that nobody could reasonably expect you to carry on living with him or her. It could include, for example, financial recklessness, drinking, gambling, or lack of emotional support. You cannot base your divorce on this if you then live together for a period of more than six months afterwards. This rule also applies to desertion, and the discovery that adultery has taken place.
    The second and final stage is obtaining a "Decree absolute" (绝对判决). The divorce can be stopped at any time until this is granted, so it is advisable to sort out all the financial and practical details first.
Using a divorce lawyer
    If, as in the vast majority of cases, your relationship is complicated, it is advisable to seek legal advice from a reputable family law solicitor, who will be able to properly advise you about your fights and responsibilities.
    If you are unsure how to go about choosing a solicitor then it might be a good idea to consult the Law Society or the Family Law Solicitors Association, who keep a list of accredited lawyers. Alternatively visit the Citizen’s Advice Bureau who has a great deal of information regarding such matters.
What are the alternatives?
    Mediation is a voluntary service that allows you and your partner to meet with a trained and impartial negotiator (the mediator) to clarify the issues, discuss the available options, and reach decisions acceptable to you both. While the mediator will manage the process of negotiation, he or she is not there to promote either person’s interests. The decisions are ultimately yours.
    You will still require the services of a solicitor to put your decisions on property or financial matters into legal form. The government is keen for people to attend mediation, and the number of people offering this service has vastly increased in the last few years. You may be required to attend mediation sessions if your divorce is funded by legal aid. For more information visit our feature on Mediation.
What about the children?
    Divorce can be especially confusing for children, who are likely to feel bewildered by events and may even blame themselves for their parents splitting up. So it is important to minimize the trauma suffered where possible.
    Both parents may consider they know best, but if you are having problems sorting out arrangements for your children, such as who they live with (custody) and how often the other spouse can visit them (access) then it is a good idea to attend mediation to help you reach sensible and fair decisions.
    As a last resort, it may be necessary to go to court to apply for custody and access. If you disagree with how your ex-spouse is bringing up your children then there are other legal options available. You can apply for a court order to stop them pursuing a particular action, or ask the court to decide the best interests of the child regarding a particular issue, such as religious instruction or medical care.
Divorce in Scotland
    If your permanent home is in Scotland or if you were resident there for at least a year before divorce proceedings began, then you can apply for divorce there.
    There is no time limit to bringing a divorce, and it will be granted as long as you can prove the relationship has broken down. Proving the relationship has broken down can be as a result of one of five scenarios,, these are: adultery, unreasonable behaviour, desertion of two or more years, non-cohabitation for two years if your spouse consents to the divorce, and non-cohabitation for five years if your spouse does not consent.
    Adultery cannot be the basis of divorce if you resumed married life for more than three months after it happened. This is known as condoning (宽恕) the adultery. Unreasonable behaviour includes such things as financial irresponsibility, violence, and ignoring your spouse’s emotional and sexual needs.
    Divorces are heard in the sheriff’s (行政长官) court and take immediate effect. There are two types of procedure: ordinary and simplified (sometimes referred to as a "DIY" divorce).
    "DIY" divorces can be obtained by filling out a form available from a Citizens Advice Bureau or the courts, and these forms include an affidavit (声明书), which must be sworn before a notary public (公证员) (most solicitors are notaries public) or a justice of the peace (治安官).
    This type of divorce takes about two months. They are only available to couples claiming non-cohabitation for two or five years, who have no children, where no financial claims are being made and no other legal proceedings affecting the marriage are waiting to be heard, and where neither spouse is suffering from a mental disorder.
How long will it take?
    The length of time it takes to get a divorce, from beginning to end, varies from court to court and in each case. It is impossible to predict exactly how long it will take, because during the proceedings problems may arise which cause delay. At best, it will take from four to six months. The time it takes, and the stress involved in the process, can be greatly reduced by keeping on top of dates and going to the court yourself to lodge documents.
If you are not satisfied with custody and access, you can solve it by ______.
选项
答案applying to the court
解析 本题空白处问“父母中的一方对抚养和探望孩子的情况不满怎么办”。根据关键词“custody and access”定位于“What about the children?”小标题下，在全文第十六段第三句中提到解决此类问题应该诉诸于法庭。因此，答案为applying to the court。
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