New Year. New You?
Marriages can be placed under are put under all kinds of stress due to various different reasons. A festive family time may seem like the perfect way to keep your relationship together however unfortunately this is not always the case. Time spent treading on egg shells, biting your tongue and keeping the peace for the sake of the children can only last so long. Unfortunately an extended period of time with your partner can highlight the areas of difficulty rather than bringing you together.
Once the children return to school I am inundated with people needing to discuss the options available to them as the festive holiday period has made them realise that their marriage is over and that something needs to be done. All the talk of changes to be made and resolutions to be kept at New Year often makes someone who is already struggling realise that the current situation cannot continue and that now is the time to do something.
Every case is different however there are usually 2 options available 1) Divorce/dissolution of a civil partnership. 2) Separation. There is also Nullity and judicial separation but these are not as common.
To issue divorce/dissolution proceedings you must have been in the marriage/partnership for 12 months. If you have not you cannot issue proceedings until 12 months have elapsed. You must also demonstrate that the relationship has irretrievably broken down which can be proved by the following grounds.
- Unreasonable behaviour.
- Adultery ( not applicable for civil partnerships)
- The parties have been separated for at least 2 years and the other party consents to the divorce/dissolution.
- A period of desertion of at least 2 years.
- Separation of at least 5 years. You do not need the consent of the other party for this.
If the above is not applicable or you are not ready yet to issue divorce proceedings you can enter into a separation agreement to regulate your separation. Having the agreement documented often makes clients feel more secure and less vulnerable.
Children must be considered regardless of which option is taken. Issues such as where the children will live, how often they will see the other parent can cause difficulties. The issue of school summer holiday contact must also be thought of in January/February. If this issue cannot be agreed upon and court intervention is required, it can take 6 months for a court to resolve this issue hence why time is of the essence.
People often think that involving solicitor’s means matters are not amicable. This is not the case. I am a member if resolution who specialise in amicable divorces and will do all I can to keep matters amicable providing both parties wish to do so. The collaborative law process can also be useful to amicable parties. My job is to assist you and ensure that the agreement you have reached is workable and most importantly incorporated into the correct legal documentation to ensure you are adequately protected. If agreement cannot be reached I will guide you through matters and take away as much stress anxiety as I can. If I can be of any assistance please do not hesitate to contact me at either JT Family Law at info@jtfamilylaw.co.uk or 07443 524453
