Divorce and Separation video transcript

If you’ve found yourself in the difficult situation of separating from your husband or your wife, you’ll probably want to know what options are available to you.

You might think that you have to apply to the courts straight away for a divorce in order to sort matters out. Whilst a divorce is needed to legally end the marriage, for most people that’s the last part of the process.

The first part of the process normally involves entering into a separation agreement.   

However, if you do want to apply for a divorce straight away, then you have to be able to show that your marriage has broken down irretrievably. 

There are four grounds to establish that: Firstly where your partner has committed adultery. Secondly where your partner’s behaviour has been unreasonable. Thirdly where you have been separated for one year, and your partner gives consent to the divorce Or fourthly, where you have been separated for two years or more you don't require your partner's consent.

If you can demonstrate that one of those grounds applies, then you can apply for a divorce straight away.

Before your divorce can be granted, any financial and care arrangements have to be sorted out.

As part of the divorce process, you can ask the court to decide how any assets and debts are to be divided between you both. You can also ask the court to decide what the care arrangements should be for any children of the marriage under the age of sixteen. 

However, if your partner contests the divorce, or any of the orders you seek then this can become a very expensive way to proceed. It can also take months, if not longer, for matters to be resolved.

For many, that’s why a separation agreement is the preferred option. A separation agreement is usually an amicable and much cheaper way to proceed.  

The first stage will involve working with your family law solicitor to calculate the extent of your matrimonial properties. Generally, that will be any assets and debts which have been built up during the period of your marriage. So that includes things like houses, pensions and bank accounts.

Once you’ve done that, your solicitor will then start negotiating with your ex-partner’s solicitor to agree on how those assets and debts are to be divided between you both.  

You will also have to reach an agreement on any care arrangements for the children of the marriage.

Once you’ve reached an agreement, the solicitor will then prepare a document called a separation agreement, which you both sign. Once that’s been signed, you will still need to apply to the court for a divorce, but that’s normally a much more straightforward process on the basis that everything else has been agreed.

I hope that helps give you an overview of the process. If you’d like to have an initial, no-obligation chat to discuss your own circumstances and the options available to you, then please get in touch today using the enquiry form or telephone number on our website.