Separation, divorce and dissolution

This is a process intended to enable you to divorce without finding reasons to blame one another, unlike adultery and unreasonable behaviour. ‘No fault’ divorce is now written into UK Law.

We aim to find the least antagonistic way of divorcing or dissolving a civil partnership. Best practice dictates that as a courtesy your partner should know what you are intending. It can be helpful to agree in advance the details of any legal document and agree whether the costs are to be shared between you. It is quicker and cheaper if your former partner co-operates with the process. If you are in an abusive relationship, we can talk to you in confidence about how to start proceedings whilst protecting your safety.

If you are contemplating formally ending your relationship, it is important that you take early advice in each legal jurisdiction that may be available to you. Different legal jurisdictions have different requirements for divorce or dissolution, and some may be more financially favourable than others. Where the proceedings are filed first is usually the jurisdiction that decides legal matters. This can sometimes lead to each person trying to file proceedings first in a country favourable to them. Talk to us for more information. 

Not always, but it would be helpful for you to talk through the basis of the petition to ensure it is correct and you understand what is required. It can be difficult to undo errors later on. It is really important that you talk to a divorce solicitor about getting a financial Order if you are divorcing or dissolving a civil partnership.

Civil partnerships and marriage provide for financial claims for each partner against the other for income, capital, property and pension. You should be aware of the importance of a financial Order to resolve these claims and to define if the claims continue beyond the relationship. Many people mistakenly think that divorce or dissolution automatically ends financial claims. This is incorrect and a separate financial Order is needed – see our Finances page.

For married couples separating but not wishing to pursue divorce proceedings (normally for religious or personal reasons), judicial separation may be appropriate. Judicial separation is a formal, legal method of separating and dividing finances without divorcing. Judicial separation does not end your marriage, but it does take away the need to live together and enables you to resolve some financial claims between you as if you were divorced.

These are contractual documents drawn up by unmarried couples who are separating and want to record how assets and debts are being shared; they do not need to be filed at court. Separation agreements can also be used where a marriage or civil partnership is not yet a year old or, to record arrangements where there will be a period of separation prior to divorce or dissolution. This is most common where there are separations of two or five year periods. Our Talking Works service encourages round table discussions to reach a solution that suits you both.

Yes, this is sensible. Where a couple intend the agreement to be legally binding, there are certain criteria that must be met. An informal agreement written down by partners can be evidence of what was intended, but does not necessarily legally bind each of you, leaving claims open in the future.