Divorce
What is the difference between divorce and separation?
Marriage is a legal status. If you just separate, your ex remains your next of kin. The only way to formally dissolve a marriage, is through the legal process of divorce.
Most people do reach a point where they seek the certainty of a divorce. Importantly, it is only through a divorce that you can achieve absolute finality in relation to financial matters on the ending of the relationship.
‘Judicial separation’ is an alternative to a divorce. Unlike a divorce, you remain legally married, but judicial separation does allow a Court to make orders in relation to money and property (excluding ‘pension sharing orders’). Judicial separation is quite rare; it is most commonly applied for where someone is opposed to divorce for religious or cultural reasons, or perhaps need time to decide whether to formally dissolve the marriage.
What are the requirements for a divorce?
The only requirements are that your marriage is legally recognised in the UK and you have decided that sadly the relationship has irretrievably broken down. You will need to have been married for a period of 12 months before making a divorce application.
Since April 2022, it has not been possible to allege that your ex is ‘at fault’ for the breakdown of the relationship. The only ‘ground’ for divorce is (and in fact always has been) the irretrievable breakdown of the marriage. No evidence is required.
It has also not been possible since April 2022 for your ex to ‘defend’ the divorce. However the Court will still need to be satisfied that your divorce application has been received by your ex.
Will I need to go to Court?
No, this is highly unlikely. The divorce process is largely administrative. If any related financial matters, or possibly matters relating to your children cannot be agreed, then potentially you may need to attend Court in relation to this. However litigation is always a last resort.
Can I deal with the divorce process myself?
Yes you can. You may, for example, choose to handle the divorce process yourself but instruct us to help you with the trickier aspects of the separation, most usually the financial arrangements.
We recognise however that some prefer us to handle everything for them. In particular we can help where the divorce process is perhaps not quite as straightforward, where for example there are difficulties in relation to service of the paperwork, or your ex refuses to formally acknowledge the divorce papers.
We can also help if you are involved in a divorce that was commenced before the law changed in April 2022. Difficulties often arise in relation to these older applications that we are experienced in dealing with.
If you wish to arrange a free of charge initial consultation with one of our specialist divorce lawyers, please call 0800 015 0340 or alternatively email us on family@chadlaw.co.uk
