In the UK, you must meet certain stipulations in order to file for a divorce from your partner. You must be married for at least a year and you need to prove to the court that you and your partner have reached irreconcilable differences.
A divorce is final, and can have an impact on payments that you may have together, and also forces you to separate all of your possessions in a way that the court sees fit. Sometimes these actions can be more stressful and harmful than good. We understand that every situation is different and that every relationship is unique and, more often than not, strings will remain, even years after a divorce has taken place and both parties are completely separate beings again.
Your family solicitor in Amersham is not here to try and force you and your partner to work things out. However if you know that your relationship needs a change but you are overwhelmed by the finality of a divorce, or you do not meet the appropriate grounds for one, then there are other, legal options that you can take to separate yourself from your partner.
A marriage can be deemed void or voidable for a number of reasons and this can be preferable for religious reasons for many of our clients. There is no need to get a divorce and there is no need to state on formal papers that you have been married or that you are a divorced person.
If you and your partner are closely related, were under the age of 16 or were already married at the time of the wedding, then the marriage will be deemed as void.
A voidable marriage is one that has never been consummated, one that was not agreed to by either party, or when the woman was pregnant to another man at the time of the marriage. If either party had an undeclared sexually transmitted disease at the time of the marriage, this can also be accepted by the courts as appropriate grounds.
Otherwise known as an annulment, if you find yourself in any of these situations, then you may not have to file for a divorce but instead can go down this route, and one of our family solicitors in Amersham will be able to guide you through this process.
Are there other options for separation?
To be legally separated is another path that couples may choose to go down should they not wish to go through divorce proceedings. Unlike a divorce, there is no need to wait a year to file for a separation. It gives couples time to take a break from one another and think through their options.
Again, this might be a preferable option for religious reasons, for those who are not wanting a divorce. The effect of a separation means that couples are no longer obliged to live with one another and the court may decide to split some or all of the marital assets. Unless stated in a person’s will, a surviving spouse will also not benefit from a deceased’s estate.
We warmly invite you to talk through your considerations with us, so that you are enlightened as to your options, allowing you to make an informed decision about what course of action would be best suited to you.
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