Families separate for a multitude of reasons and reaching that decision should not be taken lightly,

However if you are the safety of your children is at risk the first port of call should always be the police. We understand that their maybe reasons as to why this is not always going to a clear cur decision, but if you or your family are being harmed or are at threat from harm this should always be your first point of contact. There are

In a lot of cases most couples can make arrangements on their own without the need for help of others. If the separation has been mutually agreed quite often it is amicable and hence eliminating any potential conflict. In these particular circumstances it would be wise to write down what each of you has agreed to do with regards to resolving your issues as this will serve as good foundation from which you can easily move forward.

You cannot apply for a divorce in the first 12 months of marriage.

If the divorce is uncontested your reasons in filing for a divorce will still need to be established. The court will require written evidence from the petitioner (person filing for divorce) stating their reason for divorce.

When petitioning (filing an application) for a divorce your application will need to be based on one or more of the facts stated below;

the respondent (the other spouse) has committed adultery (this can include sexual relationships entered into after separation)
the respondent has behaved unreasonably (the ‘seriousness’ of this behaviour is less important than the effect it has had on the petitioner)
the respondent has deserted the petitioner for two years or more (this is very rarely used as grounds for starting divorce proceedings)
the couple have separated and have been living apart for two years, and the other spouse gives consent to start divorce procedures
the petitioner has lived apart from the respondent for five years or more (in this case, no consent is needed from the respondent)

Financial and children proceedings are usually dealt with separately and in most cases can be concluded along with the divorce proceedings.

Important points to remember, the person filing for divorce will be referred to as the petitioner and the other spouse will be referred as the respondent. Unfortunately the courts use lots of confusing jargon and this is something your solicitor will explain to you in more detail.

Financial proceedings refer to property, savings; asset’s including pensions and investments that you may have. Children’s matters refer to who is given parental residence and how the access arrangements are to be made.

Annulment

Annulment is another way of ending a marriage similar to getting divorced.it basically means the marriage was not valid.

The rules relating to annulment are different to getting divorced; marriages can be annulled at any time unlike with divorce, where you will have to wait at least a year.

You will still need to demonstrate the marriage was not valid meaning that it did not legally exist in the first place.

You can annul a marriage if it was not legally valid in the first place;

you are closely related
one of you was under 16
one of you was already married or in a civil partnership

If a marriage was not legally valid, the law says that it never existed.

However, you may need legal paperwork to prove this - if you want to get married again.

You can annul a marriage if:

it wasn’t consummated - you haven’t had sex with the person you married since the wedding (doesn’t apply for same sex couples)
you didn’t properly consent to the marriage - e.g. you were drunk or forced into it
the other person had a sexually transmitted disease when you got married
the woman was pregnant by another man when you got married

Marriages annulled for these reasons are known as ‘voidable’ marriages.

The rules on ending a civil partnership are slightly different, but the court forms are the same.

Legal Separation

You can get legally separated which allows you to live apart without getting divorced, for many people this is an opportunity to spend time apart and work things out.

As when filing for a divorce you can use the same reasons with legal separation, this is also used when couples have been married for less than a year.

If you have religious reasons for not getting divorced, then this is another alternative.

Unlike with divorce you do not have to prove the marriage has broken down irretrievably.

Taking the first step

Whenever a relationship breaks down you will be going through many different emotion, and as such it will be difficult to appreciate the views of your partner. The use of mediation services would be highly recommended at this point.

Costs

There will cost implications with getting divorced, going to court and solicitors fees are not inexpensive, the more things you and your partner can agree on beforehand will massively reduce the costs incurred in court.

Sometimes agreeing on important issues such as child contact and setting financial matters can be very difficult as you both may feel very angry or sensitive about the divorce in the first place. Mediation is something to consider. Most courts will insist on a period of mediation before matters are brought in front of them.

Legal Aid

Legal aid in England has become almost none existent if divorce and family matters, only cases involving domestic abuse are liable to qualify. The law relating to legal aid is different in Scotland and Northern Ireland.

Getting Divorced