Divorce or Separation

If you decide that your relationship is over, our team of family law solicitors are here to guide you through the various options available, including divorce, a legal separation deed, judicial separation or an annulment. 

The procedure is usually straightforward. The difficulties tend to lie in resolving related issues such as how to separate, where to live, arrangements for the children and money matters. Our expert family law solicitors can advise you on all these issues at the outset and will be with you through your divorce or separation every step of the way. 

How you choose to deal with divorce and separation can determine the true success of the outcome. Options include “kitchen table” discussions with your ex-partner after taking initial legal advice, mediation, collaboration, arbitration, solicitor correspondence, roundtable meetings and, if necessary, the family court. At a fixed fee first meeting, we can discuss and explore with you the options that will best suit you and your family’s circumstances. 

How to proceed with a Divorce 

If you have been married for more than a year, you can go to court to file for a divorce. As of the 6th of April 2022, it is no longer necessary to attribute blame to obtain a divorce. It simply needs to be stated that the marriage has irretrievably broken down. There is a waiting period of 20 weeks for a conditional order and six weeks to apply for the final order. A divorce application can be issued by one party or jointly. Before you start the actual process, it is worth considering divorce mediation. The more you can agree in advance, the better for both of you. 

What is a Deed of Separation? 

You may prefer to reach an agreement about all issues arising out of your separation without involving any co

urt procedures at all. The way this can be achieved is for you to sign a written legal document, called a separation deed, which incorporates the agreement you have reached. Commonly, such agreements deal with confirmation that you are to live apart and the manner in which money and property are to be dealt with. There are no restrictions on what can and cannot be included in such an agreement.  

If one of you fails to comply with the terms of a legal separation deed, the other can sue for breach of contract. In any enforcement proceedings, the separation deed will not be held to be binding unless you both give full and frank disclosure of your financial circumstances when entering into the agreement.  

It is important to bear in mind that should either of you make a subsequent financial application to the court, the court is not bound by the financial arrangements contained in the separation deed. 

How does Judicial Separation work? 

A judicial separation is virtually identical to a divorce. The essential difference is that the court will make a judicial separation order rather than a final order in divorce and therefore you and your spouse would remain married.

Judicial separation might appeal to you if you have a religious or cultural objection to divorce or wish to remain married to retain your automatic entitlements arising under your spouse’s pension. 

What is an Annulment? 

An annulment is an alternative to a divorce if you can show that the marriage was either not valid in the first place or is defective (is a ‘voidable’ marriage). Examples of reasons why a marriage might not be legally valid or might be defective include: 

• You are closely related. 
• One of you was under 16. 
• One of you was already married or in a civil partnership. 
• It wasn’t consummated.
• Consent was not given properly, e.g. due to intoxication or coercion. 
• Your spouse had a sexually transmitted disease when you married. 
• The woman was expecting a child by another man at the time of the marriage. 

Informational Booklets

We understand the challenges involved in navigating the intricacies of divorce and separation. To assist you, our team has developed several booklets designed to provide guidance. You can access and download these informative booklets by visiting our dedicated webpage for Informational Booklets or contact our team of family law solicitors in Doncaster and Sheffield. 

Our family law team can help you with any of the following: