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If you are considering any of these you need the help and advice of an expert family lawyer
If you are considering separation, divorce or the dissolution of your civil partnership, there are many different issues for you to consider and we would advise you to consult an experienced family lawyer before you begin the process.
Sometimes couples will separate, but do not feel ready to bring an end to their marriage through a divorce or dissolution of their civil partnership.
Many prefer to wait and take some time to consider their future, but while waiting may seem the most non-confrontational option, it can come with certain risks, namely lack of financial certainty and security.
A separation agreement entered into by both parties is an agreement setting out how the couple’s assets should be divided and whether there should be any ongoing financial support. The agreement can be tailored to the couple’s individual circumstances and can include for example who is to pay certain debts or how chattels are to be divided.
While separation agreements provide a better option than doing nothing, it is important to remember that they are not binding. However, if the separation agreement has been properly drawn up with full financial disclosure and certain other safeguards have been met (such as the agreement does not unduly prejudice one party, and there has been no pressure put on either side to go along with the agreement) then the court could hold the parties to it unless their circumstances have changed substantially since the agreement was signed.
A separation agreement may also prove extremely useful should you apply jointly for a no-fault divorce.
New legislation was introduced on 6 April 2022 to bring in what is called no-fault divorce. In essence, this means that spouses no longer need to assign blame in order to be granted a divorce if they haven’t been separated for two years or more.
The previous divorce law required the petitioner in the divorce to rely on one of five facts to prove the irretrievable breakdown of the marriage. Two of the five facts (below) were fault-based:
It was felt that the previous law may have fuelled conflict by forcing one party to blame the other if they wished to avoid waiting two years before presenting a divorce petition to the court, and so the new legislation is welcome. Divorce or dissolution can be a very stressful time for all concerned and to take the rancour and ill-feeling out of the process is a positive move.
Other changes include:
We have extensive experience in dealing with all issues relating to same sex couples, from negotiating pre-marriage and pre-civil partnership agreements to negotiating through the separation, divorce and dissolution process. Since December 2005, it has been possible for same sex couples to enter into a civil partnership and since 29 March 2014 same sex couples have been able to get married.
Civil partnership is akin to a civil marriage and, in almost all respects, is legally equivalent:
If you would like to know more, contact us on 03333 058375 to speak to one of our expert lawyers, or email firstname.lastname@example.org We are here to help you.
We work closely with our colleagues in Wealth Protection to ensure you receive the best possible advice and guidance across issues including that pertain to your separation, divorce or dissolution of Civil Partnership. Please get in touch with one of our expert family law team members today on 03333 058375, or email email@example.com to discuss your options.
Mediation and Arbitration
Partner, Head of Divorce & Family
Consultant, Divorce and Family Law
Consultant, Divorce & Family
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