Divorce, Dissolution & Judicial Separation
Divorce and separation – If you took a step to make your relationship formal, you may need to formally end the relationship through one of the mechanisms. Mediation can help reduce the potential conflict that arises from the separation. It can leave both parties with huge legal bills and deplete their once joint assets.
Divorce is the irretrievable breakdown of the marriage based upon one of the facts contained under s.1(2) Matrimonial Causes Act 1973. There is a bar on an application for the first year of marriage.
One party makes the application and pays the fee , currently £593 The other is the respondent.
There is no need to file evidence or blame each other anymore, a simple statement will suffice. There is a minimum time frame of 20 weeks before a conditional order can be requested. This was previously known as a decree nisi.
After 6 weeks and 1 day it is then possible to apply for a final order.
It is usual for most people to agree and settle the financial order and child arrangements before a final order for divorce.
Judicial separation is an alternative for those couples who do not want to live together but for either religious reasons or just because they do not want to divorce. The petitioner still has to base the application upon the facts contained under s1(2) Matrimonial Causes Act 1973.
Separation is the term used under the Civil Partnership Act 1994 and the petition need to be based upon one of the facts listed under s.44 CPA. 1994. These are similar facts to above but without the fact of adultery.
Common Key Issues we help to resolve
- Deciding on which method of separation is acceptable to both parties, if any.
- Deciding on who will pay for the process
- Deciding on a timeframe for the process
- Deciding on a common message given to any children