When a relationship has broken down, you will no doubt start to think about how you wish to navigate the next stages.
Often the immediate thoughts are about divorce proceedings but, in some circumstances, you may find it more appropriate to look at other avenues of separation if you do not wish to divorce straight away.
If you are thinking of getting a divorce, it might be sensible to speak to a family lawyer in the first instance about the options that are available, and what will work best for your family.
Speaking with a family lawyer will allow an open and confidential discussion to take place surrounding possible steps that could be taken in your circumstances. For instance, seeing a counsellor, therapist or even a family mediator if you both feel that mediation could work for you.
Divorce
When applying for a divorce, it is no longer the case that there needs to be ‘grounds’ for the application. Historically this could include adultery, bad behaviour or separation for a certain period of time.
Divorce is now much more straightforward and is made on the basis that the relationship has irretrievably broken down.
The average time for a divorce varies from case to case but the following is normal:
- There is a minimum period of 20 weeks from the time the application is made until the Conditional Order can be applied for
- A further 6 weeks must pass from the making of the Conditional Order to the Final Order being applied for
During these time periods it is sensible for you and your former partner to discuss any financial matters and child arrangements. If an agreement can be reached, then it is sensible to have something formal drawn up, such as an Order, to set out the terms of the agreement and how certain matters will be dealt with.
Separation Agreement
Separation agreements are generally entered into by people who do not wish to divorce at that time, in the future or at all.
A separation agreement is a written agreement that sets out a couple’s intention in respect of money, property, child arrangements and any other issues they feel are relevant to their circumstances.
Separation agreements are generally specific to the couple who wish to enter into it and can therefore cover a vast array of things. This can include property, finances, personal belongings, maintenance and child arrangements, to name a few.
A separation agreement is in effect a contract recognised by the Courts and in the event that a spouse fails to keep to any of the terms within the agreement, then an application could be made to the Courts to enforce it as a contract.
It is important to remember that a separation agreement is not a Court Order and does not provide finality. Further claims can still be made until a Financial Order is granted; however, it is very unusual for a separation agreement to be varied or set aside especially where the parties know all the relevant circumstances, particularly in respect of their finances, and have had legal advice.
At the time that a couple may decide that they wish to proceed with a divorce, then the separation agreement can be turned into a Financial Remedy Order, which can then be sent to the Court. Certain elements of a separation agreement are not always enforceable within a Court Order, but a family lawyer will be able to advise you further in respect of this.
Next Steps...
For any advice or guidance about getting a divorce, please call me on 01332 364436 or email e.facer@timms-law.com
For more information, visit our Family Law webpage here.
