Divorce

Divorce is often considered to be one of the most stressful life-changing events that someone can experience second only to suffering a bereavement. The process itself is usually relatively straightforward but there are many complicated associated issues and emotions. There is a Family Law Protocol in place which encourages parties to try to deal with the ending of their marriage in as amicable a manner as possible so that the stress caused to the parties and children, if any, is minimised as much as possible. We seek to work within this protocol at all times.

There is just one ground for divorce – the irretrievable breakdown of a marriage. This has to be proved in one of five different ways: adultery; behaviour; desertion; separation for two years with both parties consenting to the divorce or separation for five years if there is no consent. We will discuss with you which of these options best fits your particular situation and then guide you through the divorce process as smoothly as possible.

Civil Partnerships

Civil Partnership is a relationship between two people of the same sex recognised in law by The Civil Partnership Act 2004 which provides same sex couples with the same rights and responsibilities enjoyed and accepted by married couples.

A Civil Partnership is created when civil partners sign a civil partnership document in a ceremony before a Registrar and two witnesses. Should the Civil Partnership break down irretrievably, an application for Dissolution may only be made following the first anniversary of the registration of the civil partnership document. Factors considered in financial resolution following the breakdown of Civil Partnerships are almost identical to those considered in divorce.

Separation

With more and more people choosing not to marry, there are an increasing number of separations where arrangements need to be made but where the divorce laws do not apply. Contrary to popular belief there is no such thing as a “common law” husband or wife and the law that applies in these situations often fails to recognise the intimate and interdependent relationships and arrangements that co-habiting couples have.

Couples separating in these circumstances often need assistance to deal with their jointly owned home and other jointly owned financial arrangements. It is possible to draw up a binding Separation Agreement which deals with these issues and finalises matters in a similar way to the final financial orders in divorce matters.

Separation Agreements can also be used by married couples / civil partners who do not wish to go through with a divorce / dissolution at that time. It allows them to confirm the financial arrangements and the terms can later be confirmed by Court Order if they divorce / dissolve their Civil Partnership at a later stage.

Our Family Solicitors have experience in dealing with Separation Agreements and will seek to assist the parties to reach a fair and amicable agreement wherever possible.