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Posted by familylaw on 19th December 2011

How you address the issue of separating, from moving out of the family home to having contact with your children, could impact on your chance to build a happy and secure future with your children.

As a father, it is important that you remain in your childrens lives while you are going through a divorce, and that you put the welfare of children before all else. Children should be entitled to a relationship with both parents and they will thrive if both parents have a stable and meaningful involvement in their lives.

In order to obtain a divorce you have to show the court that the marriage has irretrievably broken down. This means that either one or both of you feel that you cannot stay married to each other.

As long as you have been married for one year you may apply to the court in England and Wales for the marriage to be dissolved.

You are eligible if:

  1. You have been married for at least one year
  2. You can prove that your marriage has irretrievably broken down

To prove that your marriage has irretrievably broken down you have to demonstrate one of the following:

  1. Your spouse has committed adultery
  2. Your spouse has behaved in such a way that it would be unreasonable to expect you to go on living together.
  3. You and your spouse have lived apart for two years or more and your spouse consents.
  4. Your spouse has deserted you for a continuous period of two years.
  5. You and your spouse have lived apart for five years or more whether or not your spouse consents.

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