Are You Considering Separation or Divorce?
Married couples who have decided that their relationship is at an end may be contemplating separation or divorce. The law on divorce is being reformed and it is anticipated that from late 2021 onwards, it will be possible to divorce on an entirely ‘no-fault’ basis.
Currently, it is only possible to divorce by using one of five facts to initiate your divorce petition: adultery, behaviour, two years’ separation and consent, five years’ separation and desertion. Adultery is only available for heterosexual couples to rely on as evidence of marital breakdown.
There are two stages to the divorce – the Decree Nisi – or interim decree of divorce – and the Decree Absolute – or final stage of divorce.
Sometimes, married couples decide to formalise their separation by using a ‘judicial separation’ process instead of divorce. This is more unusual, and you would remain married under such an arrangement, but formalise most of your financial arrangements apart from pensions.
How Can We Help?
We can help you initiate divorce proceedings, or advise you if your spouse has decided to issue a divorce petition. We can draft your petition and advise on how to make the divorce process as non-contentious as possible.
The law is moving away from ‘contested’ divorce proceedings, and soon it will not be possible to ‘object’ to your spouse filing for divorce. A divorce petition is the starting point for formalising finances - these are dealt with alongside the divorce process, with the aim of completing the financial arrangements before your divorce is finalised.
You may find our blog articles, including 'Getting a Divorce - A Helpful Guide', 'Divorce - 5 Frequently Asked Questions (FAQs)' and 'How To Tell Children About Divorce or Separation: 10 Tips' of further interest.
Our Family Law team can advise on divorce and separation so please get in touch if you would like to find out more.