You & Your Family
You & Your Property
You & Your Business
No relationship is perfect and most have their ‘tough times’ as well as ‘happy times’. Unfortunately, in some relationships, the “tough times” get tougher and the “happy times” become less frequent. The question may arise – is this relationship working or has it broken down? This realisation can happen suddenly or gradually over time, it can be difficult to know when the time has come to make changes, these changes of course may include what you had previously thought of as ‘the unthinkable’ to start divorce proceedings.
Deciding to divorce is a significant and life-changing decision. It is essential to carefully consider the emotional, financial and legal implications before proceeding. This guide outlines key factors to help you make an informed choice.
If you want advice on your situation, contact us today and see how our specialists can help you.
Emotional Considerations
Divorce is not just a legal process, it’s an emotional and personal journey. Before taking any steps, it’s important to assess your feelings and understand whether divorce is the right solution for your circumstance.
Assessing Your Feelings
Take time to reflect on why you are considering divorce. Are you feeling temporarily overwhelmed due to stress or a difficult period in your relationship? Or has the marriage been deteriorating for a long time with no sign of improvement? Speaking to a trusted friend, therapist or counsellor may help clarify your emotions, which is an essential aspect of what to consider before divorce.
Seeking Professional Help
If you are unsure whether divorce is the right decision, consider seeking professional support such as relationship counselling. Organisations like Relate offer counselling services that may help you and your spouse work through difficulties before making any final decisions.
Informal or Formal Separation
You may wish to trial an informal separation, you and your spouse can agree the arrangements between yourselves. However, an informal separation is not appropriate if you wish to formalise any financial arrangements on separation.
If you wish to formalise your separation and agree financial arrangements on separation without involving the court, you can enter into a separation agreement. The separation agreement would confirm that you and your spouse will live apart and would set out the financial arrangements agreed between you and your spouse for the duration of your separation. A court order could be made in the agreed terms in any later divorce proceedings.
A separation agreement does not have the same finality as a court order made on divorce and either you or your spouse could make a subsequent application for financial orders to the court. However, if both you and your spouse receive independent legal advice about the terms of the separation agreement and make financial disclosure of your financial resources and any other relevant circumstances to one another, although the court is not bound by the financial arrangements in the separation agreement, the court is likely to uphold the terms of the agreement provided they are fair. The test for determining fairness was set down in a Supreme Court case called Radmacher v Granatino [2010].
Financial Considerations
Divorce can have a significant impact on your financial situation. It’s essential to prepare for the financial changes that may arise.
Understanding Your Finances
Before initiating divorce proceedings, gather information about your financial situation, including:
- Income
- Expenses
- Savings
- Debts
- Assets
Understanding your financial standing will help you make informed decisions during the process.
Division of Assets
In the UK, marital assets are typically divided fairly, but this does not always mean equally. The court considers factors such as the length of the marriage, contributions of each spouse and future financial needs. Seeking legal advice early on can help you understand how assets may be divided.
Financial Support
You may need to consider spousal maintenance or child support arrangements. If children are involved, their financial needs will be prioritised. Ensuring financial stability post-divorce is crucial, so consulting a solicitor can help you understand your rights and obligations.
Legal Considerations
Understanding the legal aspects of divorce will help you navigate the process smoothly.
Grounds for Divorce
Under UK law, the only ground for divorce is that the marriage has irretrievably broken down. Since the introduction of the no-fault divorce, couples no longer need to cite blame-based reasons such as adultery or unreasonable behaviour.
Divorce Process
The divorce process typically involves:
- Filing an application
- A mandatory waiting period
- Finalising financial and child arrangements
It is advisable to seek legal guidance to ensure the process is handled efficiently and fairly.
Alternative Options
Divorce is not the only option, some couples opt for legal separation, which allows them to live apart while remaining married. Others may enter into post-nuptial agreements to address financial concerns without ending the marriage. Understanding all available options is crucial when evaluating what to consider before divorce.
Impact on Children
If you have children, their wellbeing should be the top priority during this time.
Co-Parenting Arrangements
Consider how you and your spouse will co-parent after divorce. Creating a parenting plan can help establish clear expectations regarding custody, visitation and decision-making responsibilities.
Emotional Support for Children
Divorce can be challenging for children. Providing reassurance, maintaining open communication and seeking professional support if needed can help them cope with the changes.
Alternative Options
While divorce may seem like the only option, there are alternatives that might be more suitable depending on your circumstances.
Judicial Separation
Judicial separation allows couples to live apart and obtain court orders regarding finances and children without formally dissolving their marriage. This option may be preferable for those with religious or personal reasons for avoiding divorce while still needing legal clarity on financial matters.
Post-Nuptial Agreements
A post-nuptial agreement is a legal document that outlines how assets and finances will be managed during the marriage and in the event of separation. This may be a suitable option for couples who are unsure about divorce but want financial security and clear agreements in place.
Next Steps
Before making a final decision, take the time to assess your emotions, finances and legal options. Consulting with a family solicitor can provide clarity and ensure you are fully informed about your rights and responsibilities. If you need guidance, our experienced family law team at TV Edwards is here to help.
For expert legal advice on divorce and separation, contact us today to speak with one of your specialists.
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