The thought of your marriage ending is often an extremely daunting prospect, and you probably have a number of things running through your mind at the same time. You and your partner have to make your separation aware to a number of people, including your council tax office, your mortgage lenders, your water/gas/electricity companies, children’s schools, banks and insurance companies for example.
With regards to marriage, you and your partner have to decide between yourselves whether to separate informally, without going to court, to separate by drawing up a separation agreement or to end your marriage by getting a formal divorce.
You can separate by an informal arrangement if you are married, and you will need to inform (with a possible legal responsibility to):
A separation agreement is written down, between a couple who intend to stop living together. This agreement sets out financial agreements, property and child arrangements. Things like setting out that you and your partner are to live apart, without disturbing the other partner and to provide financial support for the other partner may be set out in this agreement. With a written agreement, both parties have made the decisions and clearly understand what the rules are. These written agreements can be drawn up by Solicitors.
A judicial separation order is made by the divorce county court which stops the partners of a marriage having to live together in the same way as a divorce. This is quite a rare route, but can be used for people who have religious or moral objections to divorce.
To get divorced in England the marriage must be recognised as valid and rules must be met about how long you have been living in the country. An undefended divorce is where both partners agree to the divorce. A defended divorce is where one partner does not agree to the divorce.
A decree nisi will be granted if both partners agree to the divorce. Then a decree absolute which confirms the divorce can be applied for through the courts six weeks after the court has granted the decree nisi.
If one partner does not agree to the divorce, an Answer will have to be filled in (court papers). The disagreeing partner has to state why they do not agree that the marriage has broken down and this may involve a court hearing. These are rare occurrences.
A Solicitor can help with all separation processes.
Faye Remnant is part of our Family Law team based in Loughborough; our Solicitors in Loughborough are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Loughborough please contact us.
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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.