Are there Alternatives to Divorce?

Many couples, despite not getting on with their partners, don’t feel they’re ready for a divorce – often for a variety of reasons. There might even be reasons that dictate that your marriage shouldn’t have taken place in the first place! So, what are the alternatives to a divorce?

A Separation Agreement

A separation agreement is a document which formally records how living arrangements will be managed and what is to happen with assets, to include property, savings and income. 

The agreement needs to be prepared properly being agreed and signed by both parties. 

The advantage of a separation agreement is that this option can proceed more quickly than a more formal divorce, judicial separation or annulment, all of which, involve the courts and often a much longer and costly process.

A Separation Agreement has the advantage of providing both parties with a clear explanation as to how the separation will work from a financial and an ongoing communication perspective; this is particularly relevant if children are involved. 

However, if or when a divorce does take place, the court does not have to be bound by the terms of the Separation Agreement especially if they can justify departing from the agreement - although they do take the terms into account in reaching their decision.

Judicial Separation

A Judicial Separation can be regarded as more formal than a Separation Agreement and very much prepares you for living apart – long-term, paving the way for a potential future divorce. A ‘Decree of Judicial Separation’ would need to be obtained from the family court. 

A Judicial Separation might be used for those not wishing to divorce on religious grounds or for those that have been married for less than one year. 

Like a Separation Agreement, a Judicial separation does not dissolve a marriage, meaning that you would remain married to your partner.

Whilst the court is unable to make an order regarding the sharing of pensions, it can rule how other assets can be divided (property, savings etc) offering you a degree of closure and financial certainty and partners will no longer be beneficiaries in each other’s wills.  

Annulment

In certain circumstances, it is possible to seek an annulment. A marriage is considered void if:

• You are closely related to your partner.

• One of the parties is under 16.

• Bigamy has taken place. 

• The marriage was not consummated / you have not had sex since the wedding (This does not apply to same-sex couples as sexual intercourse is defined in English law as being between a man and women only). 

• One of the parties had a sexually transmitted disease when you got married.

• The female party was pregnant by another man at the time of the marriage. 

• One of the parties did not fully consent to the marriage, for example, they were forced into the marriage or were drunk. 

• One spouse is in the process of transitioning to a different gender.

If an annulment is possible, you can apply to the court for an order regarding the division of the parties’ assets. 

For further information about all your possible options, talk to RJS Family Law. rjs@rjsfamilylaw.co.uk