MARRIAGE BREAKDOWN

If a marriage breaks down the parties will be considering separation and even divorce. There are options including completion of a formal Separation Agreement or petitioning for a Decree of Judicial Separation or a divorce.

A Separation Agreement is intended to formalise arrangements in relation to money, property and dependent children. The Agreement can also cover other matters if required. To be legally binding the Agreement needs to satisfy a number of conditions. Specialist advice should be taken as to whether or not a Separation Agreement is the right way forward and if so to ensure that the Agreement is legally binding.

A Petition to the Court whether it be for a Decree of Judicial Separation or a Divorce Decree has to be based on either adultery, unreasonable behaviour, separation of at least two years with consent to a Decree, desertion of at least two years or separation of five years. A Decree of Judicial Separation will not finally end a marriage but is recognition by the Court that the parties involved are no longer together as a couple and that their marriage has broken down. A Divorce Decree, when made Absolute, will finally dissolve i.e. end a marriage. On divorce the Court has the full range of powers regarding financial arrangements that can and normally should be put in place for the future. In Judicial Separation cases the Court’s powers over financial provisions are limited.

Invariably, financial arrangements following marriage breakdown should be addressed and a financial settlement should be pursued.

The procedure to dissolve a civil partnership, namely a same sex union, is similar to the procedure to dissolve a marriage. In either case the union or the marriage must have reached its first anniversary.

It is difficult to be certain as to the likely time-scale in relation to any particular legal advice or legal action. Proceedings to dissolve a marriage or a civil partnership would normally take five to six months. Completing a Separation Agreement will normally take between one and three months.

In all situations whether there is a marriage or a civil partnership each of the parties involved should very seriously consider completing a Will. If they have a Will then it should be very carefully reviewed. A Will ensures that whatever a person’s estate may be at the date of his/her death it will go to the person or persons he/she wants to receive it.

Phone 02392 505500 and ask for Richard Parrott or Chris Mills or their secretaries to make an appointment or request a call back