What are the 4 Likely
Situations Where Court Will Deny Divorce?
Divorce is a complex procedure and your application for the same can be rejected by court if all the aspects are not taken into consideration. As such it is necessary to consult experienced Newmarket law firms to fully understand all relevant details so that application can be made in most appropriate manner. In this context, we will go through some instances where divorce is denied by courts.
What are some of the situations where court will deny divorce?
Collusion, Connivance, Condonation, No Reasonable Arrangement
There are situations where court can deny a divorce. Thus, it will be important to discuss your situation with Newmarket law firms to know more about these bars to divorce and take steps to ensure that these bars do not apply in your case. Let us go through the details here.
Bars to Divorce – #1: Collusion
Collusion refers to a conspiracy or agreement in which applicant is involved (indirectly or directly) with the aim of negatively effecting administration of justice. Moreover, in collusion there is an understanding, agreement or arrangement for suppressing or fabricating available evidences or for deceiving the court. A good example of collusion will be a situation where you and your spouse consent to lie regarding your date of separation so as to get divorce earlier.
Bars to Divorce – #2: Connivance
Here spouse who is applying for divorce instigates other to perpetrate matrimonial offense with the aim of creating necessary grounds to get a divorce. It is worth mentioning here that this bar is applicable in situations where cruelty or adultery are the basic grounds based upon which a spouse is seeking divorce.
Bars to Divorce – #3: Condonation
Similar to connivance, this bar is also applicable in cases where grounds for divorce are cruelty and adultery. Condonation takes place in case spouse having knowledge of offense committed by his or her spouse, forgives that offense and resumes or continues cohabitation with such guilty spouse. Moreover, cohabitation cannot be considered enough for proving condonation. According to laws, there should be real intention on behalf of spouse who has been wronged to forgive as well as reconcile with the guilty spouse.
Bars to Divorce – #4: No Reasonable Arrangements
According to this bar, if couples have children and there is no reasonable arrangement for supporting them then court will stay the divorce till the time necessary arrangements are made in this regard. Let us look at an example of how court decides whether reasonable arrangements have been made for children during a divorce. Suppose, couples create a separation agreement where $80 is allocated per child per month and such arrangement is made so that joint debts can be repaid by husband. It is likely that court will not give its consent to such arrangement due to the fact that obligations to child have greater priority in comparison to obligations towards creditors.
A Final Note
Thus, it is quite clear that it is imperative that you take help of Newmarket law firms before applying for divorce to be sure that all caveats are considered and rejection of the application can be prevented.