We are starting a series of guest blogs, once a month and our first one is written by Sapphira Gold who is an Associate Solicitor at Hanne & Co and she specialises in private family law.
"As family solicitors, we often find that January brings with it a raft of enquiries about relationship breakdowns. After a busy festive period when family tensions may have arisen, this can lead to questions about what to do if those difficulties or differences can no longer be overcome and one or both feel that the marriage has sadly broken down. This article sets out some useful preliminary information if you are considering the implications and process upon separating.
Preliminary steps
Making the decision to end a marriage can be very stressful. It is important to have the right people around you, take time to make the decision and if you are unsure consider whether you can talk to your spouse about the issues in the marriage or consider seeking counselling. It may also be useful to discuss the decision with friends and family.
If you think the marriage is breaking down and/or you are certain this is the right decision for you and your family, seeking early specialist legal advice is always advisable so you are aware of the implications and process from the outset.
If you are married
The only way to legally end a marriage is via a divorce. For the last few years, the system in England and Wales has moved to a ’no-fault’ system, whereby there is no need to prove why the marriage has broken down in order to divorce, but merely to confirm to the court that the relationship has irretrievably broken down. It is possible to apply for divorce either as a sole application or jointly with your spouse. There can be pros and cons to both depending on your circumstances and this is something to carefully consider with your solicitor prior to applying for divorce.
Obtaining a divorce does not sever the financial ties between you. The only way to sever financial ties is via an order of the court and this runs separately but parallel to the divorce proceedings. This need not result in attended court hearings and many couples agree terms between them which are ultimately contained in an order agreed by consent. The terms can be reached through direct or solicitor negotiations or through various out of court resolution methods. It is prudent to obtain early advice from a family law specialist about your financial circumstances, as well as the process.
If you do not wish to divorce but you want to separate it is possible to obtain a judicial separation, which is a formal separation but you would remain married. It is also possible to agree a separation agreement. If you are separated rather than divorced, you will remain financially tied to each other and it is important to discuss the implications of this with your solicitor.
If you are not married
Cohabiting couples who are not married are not protected by the same law as those in marriages or civil partnerships. In these circumstances financial division will likely be decided under laws relating to property and/or trusts. If your relationship has broken down, it is advisable to seek specialist family law advice at the earliest opportunity, so you have a better understanding of your options."
If you have any questions regarding a relationship breakdown or any other aspect of family law, please do not hesitate to contact Sapphira: sapphira.gold@hanne.co.uk or 020 7228 0017.