Traditionally the UK sees an increase in divorce proceedings in the first month or two of the new year. While many may assume it is as simple as filing a document to seek a divorce, it’s rarely as straightforward as this.
To further confuse matters, many people are uncertain of the differences between divorce and legal separation.
Here, Surjit Verdi, a Director with Palmers and Head of our Family Law department, explains what you need to know about divorce and separation:
Divorce:
Although the law is due to change in April 2022, currently in the UK there is no such thing as a ‘no-fault divorce’. This means that, at present, there is only one legal ground for divorce, which is that the marriage has ‘irretrievably broken down’.
The person who starts proceedings needs to prove that the marriage is at an end by establishing one of the following facts:
- Adultery – currently this only applies when a person has been unfaithful with someone of the opposite sex. A relationship with someone of the same sex does not count as adultery.
- Unreasonable behaviour – examples could include domestic abuse, coercive behavior, social isolation, alcohol or drug issues or financial recklessness, but small issues such as excessive DIY or working long hours have been used as grounds for divorce.
- Desertion – this can sometimes be difficult to prove. A person must have intentionally deserted their spouse continuously, for at least two years.
- Separation with consent – where a couple have been separated for at least two years and the other party agrees to the divorce.
- Separation without consent – If a couple have been living apart for at least five years, either party may issue divorce proceedings without the other’s consent.
Legal separation:
A legal separation allows a couple to live apart without divorcing and, importantly, there is no need to prove that the marriage has broken down irretrievably.
A legal separation is an option if:
- There are religious reasons against divorce
- The couple have been married less than a year
- The couple want time and space to work out if they really want to end the marriage
There are, however, a number of longer-term issues that need to be kept in mind. For example, after a legal separation, both parties have the right to live in the house they share.
Even if one person moves out, they are within their rights to return. Their partner is not allowed to change the locks – the only way to stop this is to obtain an injunction.
Separated couples’ finances remain linked so, for example, they will continue to be jointly responsible for a mortgage and will both be at risk if one party moves out and stops paying their share.
In the event that their spouse dies, a legally separated person still has the right to claim against the estate.
Keep things amicable
Although ‘no fault’ divorces are not yet possible, this does not necessarily mean that a marital split needs to be acrimonious.
Here are a few suggestions for keeping, what is a stressful and upsetting situation as amicable as possible:
- Plan how to tell your spouse you wish to formally separate or divorce and why
- Keep ‘blame’ out of the situation wherever possible
- Focus on any children involved and place their needs first
- Be patient with your spouse and give them time to adjust
- Negotiate the terms of any settlements in good faith, be fair, and stick to agreements made
- Consider mediation as a way to work through any differences
At Palmers, we adopt a conciliatory approach to resolving Family Law disputes in order to reduce acrimony and to keep your legal costs to an absolute minimum. We can also assist you with relationship planning to reduce the risk of potentially costly future disagreements.
We can help you to complete adoption, divorce, judicial separation, nullity or civil partnership dissolution proceedings – all at fixed prices, subject to conditions.
We can also advise you on what you can reasonably expect to achieve, regarding the division of property and finances and explain the best way to protect your position.
To find out more about our family law services, including separation and divorce, please contact us.