The marriage must have broken down beyond any hope. This is one of the requirements. In what way can we say that the breakdown has been unavoidable? The Court will look at each case separately and consider all the factors. It will also look at former cases for guidance.
We must be careful when making an application to the Court for a marriage to be dissolved, even if both parties agree to it. If the marriage has children below the age of 18, arrangements must be made to the satisfaction of the Court before a divorce can be allowed. This is to ensure that the children’s interests are protected.
The Court will decide whether a marriage really cannot be saved. The couple or spouse who approaches the lawyers has usually already made up their minds. It is very difficult for the lawyer to persuade him/her to think otherwise. Great damage must have been done to the relationship that one of the parties is willing to go through all the hassle of the Court’s proceedings and have the will to fight for the custody of the children. Usually when someone goes to his or her lawyer to seek advice on a divorce, the chances are very slim indeed to save the marriage. However, lawyers will usually try to persuade them to reconcile especially when there are very young children in the marriage.
We must be careful when making an application to the Court for a marriage to be dissolved, even if both parties agree to it. If the marriage has children below the age of 18, arrangements must be made to the satisfaction of the Court before a divorce can be allowed. This is to ensure that the children’s interests are protected.
The Court will decide whether a marriage really cannot be saved. The couple or spouse who approaches the lawyers has usually already made up their minds. It is very difficult for the lawyer to persuade him/her to think otherwise. Great damage must have been done to the relationship that one of the parties is willing to go through all the hassle of the Court’s proceedings and have the will to fight for the custody of the children. Usually when someone goes to his or her lawyer to seek advice on a divorce, the chances are very slim indeed to save the marriage. However, lawyers will usually try to persuade them to reconcile especially when there are very young children in the marriage.
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