If you are married and you or your spouse have come to the conclusion that your marriage has irretrievably broken down, then you may be considering getting a divorce.
Similarly, if you are in a civil partnership and your or your civil partner have decided that your civil partnership has irretrievably broken down, you can end your civil partnership by seeking its dissolution.
Ending a marriage by divorce and dissolving a civil partnership are very similar processes, although there are currently some differences in the way in which this can be achieved.
There is only one ground for a divorce or civil partnership dissolution in England and Wales. Your marriage or civil partnership must have irretrievably broken down; in other words, it must definitely be over and cannot be saved.
On 6 April 2022, no-fault divorce divorce and dissolution became the law. It is therefore no longer be possible to commence divorce proceedings citing adultery, behaviour, desertion, two years’ separation with consent or five years’ separation to satisfy the Family Court that your marriage has irretrievably broken down. The sole ground of irretrievable breakdown of your marriage or civil partnership remains unchanged. It is impossible to defend (i.e. contest or oppose) a divorce or dissolution application, although it can be disputed in a very small number of circumstances, for example where there are reasons why the court does not have jurisdiction.
It is now possible for both parties to jointly apply to the court for a divorce or dissolution.
Although the process for obtaining a divorce may appear simpler than the old fault-based divorce law, there are still things that can go wrong if the divorce application is not pursued properly or steps are taken too early, particularly in relation to financial issues. If a divorce or dissolution seems likely, it is prudent to seek legal advice from a specialist family law solicitor at an early stage, even if you do not intend to seek a divorce or dissolution immediately and are just separating for the time being.
If you do this, you are not committed to taking any further steps, but you will find out what your legal position is and what your options are about a divorce, dissolution or separation, and about other things, such as financial issues and arrangements for children.
Armstrong Family Law can give you advice tailored to your personal circumstances. You won’t be pressured into starting a divorce or dissolution if you are not ready. I will explain to you what your choices are so that you can then decide what steps you should take, if any, and what you should try to avoid doing. You make the decision; my role is to give you the advice and information that you need to make that decision, whatever that may be.
This blog gives more information about how the new divorce law works.
Divorce can be much more complicated than you expect. Using a specialist solicitor for advice and representation helps ensure that such a huge change in your life is sorted out properly.
I can advise you and act for you in relation to:
• Separating from your spouse or civil partner.
• Divorcing your spouse or jointly applying for a divorce.
• Dissolution of your civil partnership.
Straightforward undisputed divorce or dissolution proceedings are available on a fixed fee basis.
I can also give you specialist advice about:
• How to resolve a financial dispute in a separation, divorce or dissolution.
• How to divide your assets and whether or not spousal maintenance needs to be paid.
• Alternatives to court, including negotiation, mediation, collaborative law and arbitration.
• How to resolve disputes about your children.
• How to take steps against an abusive spouse or civil partner.
• What steps can be taken to resolve disputes with an uncooperative spouse or civil partner.
Contact us to find out more by calling 01206 848426 or clicking here.
If you are cohabiting, but are not married or in a civil partnership, click here.
Not sure if your relationship is over? Help is available here from Relate.