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Why it is Vital to Include Pensions in Divorce Settlements in 2025
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Why it is Vital to Include Pensions in Divorce Settlements in 2025

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Sponsored post by Jones Myers. I cannot underestimate the critical role that pensions play in financial settlements as the volume of  divorce enquiries I am receiving increases this January.

Their importance has been further reinforced by New Year calculations from online investment service Interactive Investor, whose financial analysts say that spouses could lose up to £665k by overlooking pensions and failing to take them into account in divorce settlements.

Pensions are frequently one of the most valuable assets of a marriage, often making up the second highest – or sometimes the highest – value asset in a divorce settlement after the family home.

It is key that information about pensions is made available in the financial disclosure process, which must take place before any binding financial settlement can be made.

Disclosure must include details of all pensions, including state pensions – and the value of each one. This ensures that couples are able to make informed decisions as to what a fair settlement looks like for them

The most common way in which a disparity in pensions is addressed in a divorce settlement is pension sharing which provides a clean break between parties, as the pension assets are split immediately.

Alternatively, in some cases ex-spouses prefer to take a greater share of the equity in the family home or other capital, as a trade-off for a share of the other’s pension.

Some divorces may involve several pension arrangements so it is important to consider which arrangements should be shared, and to what extent.

The pension share may be internal (when the recipient becomes a member of the scheme) or external when the share must be invested in an existing or new arrangement of the receiving party. Care should be taken to obtain details of the cost of any transfer.

In deciding what is best for them, the couple need to consider how their respective financial needs will be met  and what other assets are available for distribution.

Alternative and non-confrontational ways for divorcing couples to reach a financial settlement without a lengthy and expensive court process include Mediation and Collaborative Family Law.

Both options – in which I have extensive expertise – are conducted in a spirit of mutual co-operation and put children’s best interest first.

At Jones Myers we always recommend that divorcing couples seek expert advice from highly experienced lawyers regarding their finances. Independent Financial Advisers can assist with pension valuations and projected future incomes.

Taking guidance early on will avoid the risk of losing out on what could be a substantial pension sharing provision that spouses are entitled to – and which can prevent long-term financial issues.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

With three decades experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

A skilled mediator, child inclusive mediator and collaborative family lawyer Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Direct Dial: 01904 202553 or email  Nicki.mitchell@jonesmyers.co.uk  www.jonesmyers.co.uk

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Child Maintenance and Spousal Maintenance: Understanding the Differences
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Child Maintenance and Spousal Maintenance: Understanding the Differences

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers Family Law

Sponsored article by Jones Myers Family Law.

In the countdown to the festive season, concerns over finances can understandably escalate – especially for those divorcing and separating who have children but do not have their own income streams.

The aim of this article is to provide key insights into Child Maintenance and Spousal Maintenance.

While they are often believed to be inextricably linked, they are two very distinct issues.

Child Maintenance Support

How do divorcing/separating couples work out Child Maintenance?

Child Maintenance is something which needs to be considered whenever separating couples have children, regardless of whether they were married or not and whatever their financial circumstances.

The Child Maintenance Service (CMS), a stand-alone government body,  provides a formula for parents to calculate child support.

Most separated couples will use the formula as a basis for agreeing the level of child support to be paid and make informal arrangements for this to be paid directly.

Divorcing couples have the option of including their agreement on child support in the order (often known as a consent order) which sets out their agreement as to how their assets, debts, pensions etc will be divided.

Which parent is responsible for paying the support?

The parent with whom the children spend less time will be responsible for paying child support to the other parent.  Where the children’s time and the child care responsibilities are shared equally between the parents then no child support is usually payable.

If there is any dispute between the parents about whether this is the case then the CMS will generally assume the primary carer to be the parent who receives Child Benefit and assess child support accordingly.

For how long does Child Maintenance continue?

The paying parent is obligated to provide child maintenance until the child completes “qualifying education” which is generally full-time secondary education but can include other forms of ongoing study such as some apprenticeships. No child support is payable after the child attains the age of twenty.

What happens if parents cannot agree on the level of support?

If the parents are unable to agree then either one of them can make an application the Child Maintenance Service (CMS) for a calculation.

The CMS will calculate the support payable using a six-step process.

The various stages include determining the paying parent’s yearly gross income. The relevant parent usually provides this. However, the CMS can obtain the information from HM Revenue and Customs (HMRC) if the parents do not supply this.

Factors, such as pensions and school fees, which could change the paying parent’s financial situation, are also assessed before converting the yearly gross income into a weekly figure.

Key criteria the calculator draws on includes the number of children receiving the income and the level of what is called ‘shared care.’ This is based on how much time the child/children of the paying parent spends with them and includes overnight stays.

What happens if the paying parent loses their job?

Either parent can let the CMS know of a change in circumstance. The Agency will then re-evaluate and reduce the level of support the paying parent needs to provide based on the calculator system.

What happens if the paying parent refuses to pay?

The receiving parent can contact the CMS which would then take appropriate enforcement measures such as applying for a court order to take legal action.

What happens if the paying parent dies during the support period?

CMS payments would cease on the death of the paying parent. State benefits, such as Universal Credit, may be available to the surviving parent, depending on their circumstances at the time.

Are there any other options besides the CMS for parents to agree Child Maintenance?   

Agreements between parents can be negotiated with support from experienced family law experts such as Jones Myers.

Our specialist services include mediation, a non-confrontational option for parents to reach a solution in a spirit of co-operation which puts their children’s best interests first.

As a qualified Mediator and Child Inclusive Mediator I regularly see at first hand the  benefits of the mediation process for parents, children and the wider family.

Spousal Maintenance

Divorce does not automatically bring an end to the financial obligations between divorcing and separating couples.

Significant income disparities between spouses may require ongoing financial support to prevent undue hardship, especially when considering the well-being of any children involved.

What is Spousal Maintenance?

Spousal Maintenance is a payment made by one party to the other as part of the financial settlement on their divorce or separation.

Usually, it is paid every month and can last for either a defined period or, in increasingly rare cases, until one of the former spouses dies.

Spousal Maintenance is different from Child Maintenance, which is statutory. It is not an automatic  entitlement and only applies to divorcing couples.

How is the amount and duration agreed?

There is no set formula for working out Spousal Maintenance payments. How much is paid and for how long can be settled through mutual agreement between a spouse and their ex during divorce proceedings.

Information is exchanged about each spouse’s income and their monthly outgoings. If one spouse has insufficient income to meet their needs and the other can afford to make up or contribute to that shortfall then Spousal Maintenance may be appropriate.

Interim Spousal Maintenance can be agreed or ordered in the initial stages of separation to ensure that the spouse who is weaker financially can manage their basic monthly outgoings.

Does getting Spousal Maintenance involve going to Court? 

If the couple are unable to come to a mutual agreement, the Court can decide whether Spousal Maintenance should be paid.

In every case the Court must consider the possibility of a Clean Break Order – which severs all financial ties between the couple.

If a Clean Break Order is not appropriate immediately, the court will order what the Judge considers to be a reasonable level  of Spousal Maintenance – and for how long this must be paid.

The court will have before it detailed information about the income available and each party’s income needs. Spousal Maintenance is usually only ordered for a fixed period of time, long enough to enable an adjustment to independence.

How can couples reach a solution without going to court?  

More couples are turning to non-confrontational options, which allow them to retain control of decisions which affect them, put their children’s best interests first and avoid costly and destructive court battles.

They include negotiation, mediation or collaborative practice where couples and their lawyers commit to find a positive solution without going to court and sign a binding agreement to that effect. Our specialist lawyers at Jones Myers have extensive experience in advising couples in these areas.

In what circumstances is Spousal Maintenance terminated?

When Spousal Maintenance ends will be set out in the court order.  Typically this will be when the spouse receiving the payments has had time to adjust to independence or when their financial needs are reduced. For example, when the children finish school or university, or they leave home.

Spousal Maintenance will cease when one of the spouses dies or if the recipient of the maintenance gets married again or enters into a civil partnership.

What happens if the parties situation changes?   

If the circumstances of the spouses alter significantly after a Spousal Maintenance Order has been made, they can agree to change the payments ordered and send an agreed order to the Court which supersedes the original order.  If agreement is not possible then either of them can apply to the Court to vary the terms of the order.

The Court will consider factors such as changes in income, employment status or financial needs to assess if a variation is appropriate.

For vital areas of law such as Child Maintenance and Spousal Maintenance, I cannot emphasise enough the importance of consulting experienced family lawyers like Jones Myers.

Offering expert legal advice to our clients, we help them to understand their legal position and options.

Providing legal guidance and representation with child maintenance disputes, we support clients to ensure that the child maintenance arrangements are fair and reasonable.

Our approach prioritises resolving disputes in a non-confrontational manner, allowing us to assist couples in reaching voluntary agreements for child maintenance.

We can also assist in negotiating Spousal Maintenance agreements to reach a fair and mutually acceptable solution. If an agreement cannot be reached through negotiation, we can represent clients in court proceedings to seek a Spousal Maintenance Order or to vary an existing order.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

With three decades experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

A skilled mediator, child inclusive mediator and collaborative family lawyer Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Direct Dial: 01904 202553 or email  Nicki.mitchell@jonesmyers.co.uk  www.jonesmyers.co.uk

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Wanting to Separate? Starting the Divorce Conversation
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Wanting to Separate? Starting the Divorce Conversation

Published on
Jo Harrison
Jo Harrison
Divorce Consultant and Relationship Therapist
Family Law in Partnership

Every relationship is different and any conversation about separation is highly personal, but there are themes to consider if you are building up to discussing separation with your partner.

Safety First

When it comes to ending a relationship, safety may be the most significant consideration.  In some situations, the moment you tell your partner that you want to separate is when you are most likely to be at risk of violence. If you have any safety concerns, I suggest that you seek legal advice before speaking to your partner (making sure that the act of booking a consultation doesn’t put you at risk). In such a consultation you are likely to think about a practical plan to ensure that you and any children are in a safe place with access to support.

Planning the conversation

It is never going to be an easy conversation, particularly if your partner is not expecting it. Some couples find that going to relationship therapy and looking at the problems in their relationship can help them to transition into the separation more smoothly. Having this kind of support for your relationship can help you to create space to listen to how each other is feeling and can support mourning where necessary. If joint work doesn’t feel possible then it can be helpful to seek your own individual therapy to work out what you feel about the relationship and how to communicate this sensitively.

Timing

With or without couples therapy, I recommend that you think carefully about the timing of the conversation. You may feel there is never going to be a good time, but you can create a space for the conversation to happen by considering the following steps:

  • schedule a proper time, giving your partner notice that you want to talk to them – rather than springing it on them spontaneously;
  • make it a supportive time when you are able to talk and process what is being said – not just before bed or just before one of you has to go off to work;
  • if you have children and it is possible, arrange for them to be looked after by someone else so that you can focus on each other;
  • have a plan for afterwards.

Tone

I also recommend that you think about the tone of the conversation and how to make it constructive. If you list all the problems you’ve had with your partner, it is likely to make them defensive and this might get in the way of them being able to take on board what you are saying. This is where it can be helpful to describe the issues in the marriage between you from your own experience, using phrases such as ‘I feel’, rather than making it a blaming conversation.  This can be difficult if you have a lot of angry and disappointed feelings towards your partner that you feel you need to express, but in the initial conversation remember that, particularly if the news is coming as a shock to your partner, there is only going to be so much information that they can take on board.

This also links to another consideration – if you have had some time to emotionally prepare for the ending of the relationship you may feel that you want to start talking immediately about the practicalities of separating. Your partner, however, may be processing the emotional side of things and have absolutely no bandwidth for thinking about the practicalities.

For both the person initiating the divorce and the person receiving this information, it can be really helpful to prepare for how this part of the conversation is going to go. You should be prepared to allow each other time and space to process what’s happening.

Transition

Ultimately it is not just about one conversation. The moment you tell your partner that you want a divorce may be the first time it is verbalised, but it may reflect many years of thinking about it. There will be a process, both legal and psychological, that will follow in which it will be important that you both have a support network within which to think about the implications of your separation.

I often work with people who are contemplating or thinking about divorce to give them space to prepare for this big transition in their life and to support them in thinking about how to handle it best in the relationship.

Expert View

Jo Harrison, a Divorce Consultant and Relationship Therapist, says: “Each divorce is different and has its own set of challenges. There are difficult choices to be made and difficult feelings to cope with – whether those feelings are your own or those of your ex-partner. Being able to talk about and process the changes that divorce entails can be really helpful.

Parents can use counselling to think about what is going on for the whole family and how to minimise the impact on any children. Some people come in for a one-off session and others may come more regularly – it really depends on the situation and we can think together about what might be best.” 

About Jo Harrison

Jo is a Divorce Consultant and Relationship Therapist with Family Law in Partnership. She is very experienced in working with individuals and couples who are separating.  A former family lawyer, Jo has a depth of experience and understands the legal process, which many if her clients find helpful.

If you would like to enquire about support individually in relation to preparing for a divorce or separation, please contact the FLiP relationship support team at E: therapists@flip.co.uk 

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Divorce – It’s a Balance Between the Emotional Stress, the Cost and the Return!
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Divorce – It’s a Balance Between the Emotional Stress, the Cost and the Return!

Published on
Peter Marples
Peter Marples
Editor at The Divorce Magazine
Director at Fair Result

Many of you know I was the founder of a progressive family law practice Fair Result with my business partner Christopher Sweetman.

The practice is not apologetic that we are a challenger brand but in the past 4 years we have become a major practice in England, with unique partnerships including the Professional Footballers Association and winning countless awards, both in the UK and Internationally.

Whist a number of our clients could be seen to be ‘wealthy’, by no means all of them – indeed 75% of them are not in this category.

We have a wide spread profile of clients, representing the whole of society and we will often take on a client who has no money to fight their divorce in terms of fees. This is exactly the reason we set up the practice.

As a non-lawyer, it never ceases to amaze me how ruthless lawyers are when it comes to their fees. I was brought up to focus on my clients and the returns would ultimately follow, not think of myself first and that customers are way down the line of those we should be focussed on.

In the past four years, I have witnessed opposing clients dropped by lawyers because they can’t see a future income stream, that client engagements are paused because lawyers don’t have visibility of their fees over the next few months and a total destain for client’s emotions and challenges.

Don’t get me wrong, we need to be paid for what we do. We aren’t a charity, but there does come a point at which clients should be respected for what they are ‘those that pay the wages and the overheads’.

We set up Fair-Result to do exactly that, client first! We do have challenges with clients paying but this is always at the end of a process, and we share the risk in that as the process progresses.

There is never a week goes by in our business where we receive a call from someone that we spoke to over 2 years ago. A call which starts in the normal way. ‘Hi, its… remember me’ followed by our response that is ‘Yes, how are things’. The same line always follows – the fact that frankly nothing has progressed in the previous two years, they have spent some money, but not a lot and are now in a place where they simply don’t know what to do, and their legal advisors are not offering much in the way of solutions.

Nothing surprises us anymore.

However, in the past three weeks alone, we have received at least five calls such as this, one with £m’s in the marital pot, another with a not inconsiderable number of rental properties and a third instance where the wife (our potential client) is starved of cash and assets, despite there being considerable funds to distribute, in the form of Public Sector pensions, a marital home and some limited investments.

During my own divorce, I used to call my former wife ‘penny wise and pound foolish’. She would argue about the pennies but forget about the substance of the whole pot we were arguing about and spend endless thousands with her lawyers arguing about where I had taken the latest EasyJet flight too.

So, what is the purpose of this article? Quite simply it is to present a position that when undergoing a divorce, you are balancing up three key things:

  • Your emotions
  • The cost
  • The reward or result in terms of financials and in many cases the impact on the children.

So, if you are arguing about £50,000 or £5m the principle is the same.

You have to invest to get the result you want, or you will one of those people calling us up after two years having got nowhere.

But I hear you say, I don’t have the cash? To fight them.

Well, that is where Fair Result comes in. The ONLY fixed fee financial divorce settlement business in the UK. And guess what, you pay nothing until the financial agreement has been signed by both parties, whether it takes us 2 months or 2 years to finalise.

We share the risk with you, our aim is to minimise the emotional stress but above all it is to get you exactly what you are entitled too.

So, stop plodding on for two years, when you know you won’t get anywhere, spending £500 here and there when that is all you can afford, getting more and more wound up about your spouse’s behaviour and spending habits.

Get it closed off, sorted out and you too can move on both emotionally and financially.

As we get older, we begin to realise that life is short, the years clock off quicker than you want them too. Why spend 2 years getting nowhere when you can contact the Fair Result team, and it will cost you nothing until your divorce is sorted – absolutely nothing.

Contact Peter at peter@fair-result.co.uk 24/7 and you will be guaranteed of a response within 30 minutes. A fixed fee, set from the outset and nothing to pay until your divorce is settled.

If you can get a better offer than this contact us and we will do your divorce for absolutely nothing, irrespective of its complexity – GUARANTEED!

Read more articles by Peter Marples.

About Peter Marples

Peter Marples – Director of Fair Result and qualified accountant, with the determination to change the way divorce is transacted. For further advice on financial settlements and navigating divorce, use the contact details below:

  • Email
  • Give the team a call – 07500933818 or 0333 577 7009
  • Complete an enquiry form

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How to Prepare for Divorce: A Comprehensive Guide
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How to Prepare for Divorce: A Comprehensive Guide

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Divorce is a significant life event that can impact various aspects of your life. Many people enter the process without fully understanding its implications, but preparation is crucial. This guide will help you navigate divorce in the UK by focusing on mental, financial, and parental preparation.

Mentally Prepare for Divorce

Divorce can be mentally and emotionally challenging. Before proceeding, ensure you’re certain about your decision. Consider marriage counselling or individual therapy to gain clarity and support.

Visualising your post-divorce future can help you focus on your goals instead of the past. Despite preparation, expect to face difficult days. Develop healthy coping strategies like maintaining physical health, exercising, spending time with friends, and engaging in enjoyable activities. A counsellor or therapist can provide valuable support during this time.

When choosing a divorce lawyer, look for someone who offers both legal expertise and empathetic guidance. A good family lawyer can ease the emotional burden of the process.

Financially Prepare for Divorce

Financial concerns are often the most pressing during a divorce. Early legal advice is crucial to understanding your entitlements and preparing for financial changes.

A family lawyer can help you understand your rights regarding the divorce settlement, the family home, and potential spousal maintenance. Plan for your immediate living expenses, as finalising a financial settlement can take months, and court proceedings may extend this period.

If you’ve depended on your spouse’s income, explore long-term financial support options such as benefits and spousal maintenance. Avoid taking actions that could be perceived as concealing funds, like moving money to a private account, as this can complicate legal proceedings.

Always consult an expert family lawyer before making significant financial decisions.

Parental Preparation for Divorce

For parents, divorce adds the concern of its impact on children and the parent-child relationship. Early agreement on childcare arrangements with your ex-partner can reduce stress for everyone involved. Drafting a formal parenting plan can provide clarity and minimise uncertainty.

Consult a family lawyer to understand your parental rights and ensure the parenting plan is fair and in your children’s best interests. Agree with your ex on what and how to tell your children about the divorce, ensuring they receive a consistent message from both parents.

Seeking Legal Advice

Being prepared for the divorce process and your new life afterward is crucial. Expert advice can make the journey smoother and less stressful. Ensure you choose experienced divorce lawyers who can provide specialist legal guidance for a smooth divorce.

Read more articles by Gemma Scourfield.

About Gemma Scourfield

Gemma is a divorce and family law solicitor with Woolley & Co, Solicitors based in Pembrokeshire West Wales. She has been based in Wales since qualifying in 2007 although has clients throughout the UK and abroad. In 2016, Gemma was accredited as an Advanced Family Law Panel Member with the Law Society which recognises her expertise in domestic abuse and financial relief.

Gemma qualified as a family law solicitor in 2007, she joined Woolley & Co from a regional firm in Wales in August 2021.

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Preparing for Divorce – A Guide to Gathering the Right Paperwork
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Preparing for Divorce – A Guide to Gathering the Right Paperwork

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Preparing for a divorce can be an overwhelming process – especially when it comes to gathering the necessary paperwork. This guide will help you understand what documents you need and how to organise them effectively.

By being well-prepared, you can streamline the divorce process and potentially save time and money.

Having all your documents in order also gives you a clearer picture of your situation, which can be invaluable when making important decisions.

Financial Documents

Start by collecting all relevant financial documents. Having a clear picture of your financial situation is crucial for fair asset division and potential spousal maintenance calculations. Also, it’s important to be mindful of hidden assets. These typically include:

  • Bank statements for the past 12 months
  • Credit card statements
  • Mortgage documents or rental agreements
  • Payslips and P60 forms
  • Tax returns for the past three years
  • Pension statements
  • Investment account statements
  • Documentation of any debts or loans

Property and Asset Information

Gather documents related to your property and assets. These documents will help determine the total value of your marital assets for equitable distribution.

  • House deeds or lease agreements
  • Vehicle registration documents
  • Valuations of high-value items (e.g., jewellery, art, antiques)
  • Business ownership documents, if applicable

Personal Identification Documents

Ensure you have copies of essential personal documents. These documents may be required for various legal procedures during the divorce process.

  • Birth certificates for you and any children
  • Marriage certificate
  • Passport
  • Driving licence

Child-Related Documents

If you have children, collect the relevant paperwork. This information will be vital if child arrangements need to be determined as part of the divorce proceedings.

  • School records
  • Medical records
  • Child benefit information
  • Any existing custody or visitation agreements

Other Legal Documents

Gather any existing legal documents that may be relevant. These documents can significantly impact the divorce proceedings and outcomes.

  • Prenuptial or postnuptial agreements
  • Previous court orders or judgments
  • Separation agreements
  • Wills or trusts

Organising Your Paperwork

Once you’ve gathered all the necessary documents, it’s time to organise them effectively. Create a filing system, either physical or digital, that works for you. This might involve using folders, binders, or cloud storage solutions.

Make copies of all important papers. Keep one set for yourself and prepare another for your solicitor.

Store the originals in a secure location, such as a safe deposit box or a locked filing cabinet at home.

Consider using a spreadsheet to track and summarise financial information. This can be particularly helpful for complex financial situations.

Being organised will help you and your solicitor navigate the divorce process more efficiently. It can also reduce stress by giving you a sense of control over the situation.

Final Thoughts

Gathering the right paperwork for your divorce may seem daunting, but it’s a crucial step in ensuring a fair and smooth process. Following this guide and consulting with your solicitor will prepare you to move forward with your divorce proceedings.

Remember, thorough preparation can lead to better outcomes and potentially reduce the stress and duration of the divorce process.

While collecting and organising all these documents may take time and effort – doing so will ultimately serve you well as you navigate this challenging life transition.

If you’re unsure about any aspect of document gathering, don’t hesitate to seek advice from your solicitor. They can provide guidance specific to your situation and ensure you haven’t overlooked any crucial paperwork.

Read more articles by Fair Result.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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How to Know If It’s the Right Time for a Divorce
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How to Know If It’s the Right Time for a Divorce

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Deciding to end a marriage is one of life’s most challenging decisions. While there’s no universal “right time” for divorce – certain signs may indicate it’s time to consider this option. In this article we will explore key indicators and important considerations when contemplating divorce.

Signs Your Marriage May Be in Trouble

Persistent unhappiness is often the first sign that a marriage is in trouble. If you’ve been consistently unhappy for an extended period, despite efforts to improve the relationship – it may be time to reassess your marriage.

This feeling often goes hand-in-hand with a breakdown in communication. When attempts at meaningful dialogue consistently fail or lead to arguments – it can signal a fundamental issue in the relationship.

Infidelity is another major factor that can lead to divorce. Repeated unfaithfulness or an inability to rebuild trust after infidelity can be deal-breakers for many couples. Even more serious is the presence of abuse in a relationship. Physical, emotional, or verbal abuse, like financial control, should never be tolerated and is a clear sign to seek help and consider leaving.

Sometimes, couples find themselves growing apart due to diverging values or goals. If you and your spouse have fundamentally different life aspirations or core values that can’t be reconciled, it may lead to irreconcilable differences.

Red Flags That Shouldn’t Be Ignored

A complete loss of intimacy, both physical and emotional – can indicate a deep disconnect between partners. This lack of closeness often signals that the relationship has moved from a romantic partnership to a mere cohabitation arrangement.

Addiction issues can also strain a relationship beyond repair. Untreated substance abuse or other addictive behaviours not only affect the individual but can have devastating effects on the entire family unit.

Financial problems, particularly financial infidelity or constant money stress – can erode trust and stability in a marriage. Persistent financial dishonesty or unresolvable conflicts over money management often lead couples to consider divorce.

Some couples stay together solely for the sake of their children. While considering children’s well-being is crucial – remaining in a dysfunctional marriage may not be in their best interest long-term. Children are perceptive and can often sense tension and unhappiness between their parents.

If you’ve exhausted all options – tried counselling, communication strategies, and other interventions without success – it might be time to consider separation or divorce.

Important Considerations Before Deciding

Before making a final decision about divorce, it’s crucial to seek professional help. Engage in marriage counselling to explore all possibilities for reconciliation. A trained therapist can provide valuable insights and tools to help you navigate your relationship challenges.

Consider a trial separation. A period of living apart can provide perspective and clarity on the relationship. It allows both partners to experience life without the other and can sometimes rekindle appreciation for the marriage or confirm that separation is the right choice.

Consulting a divorce solicitor is also an important step. Understanding the legal implications and potential outcomes of a divorce can help you make a more informed decision. A solicitor can explain your rights, potential financial impacts, and issues related to child custody if applicable.

Lastly, take time for self-reflection. Consider your own needs, well-being, and future goals. Think about what you want your life to look like in the coming years and whether your current relationship aligns with those aspirations.

Final Thoughts

The decision to divorce is deeply personal and should never be made hastily. If you’re consistently feeling that your marriage is beyond repair and is causing more harm than good – it may be time to seriously consider your options.

Remember, seeking professional guidance can help you navigate this difficult decision and its aftermath.

Whatever you decide, prioritise your well-being and that of any children involved. There’s no shame in ending a relationship that no longer serves you – just as there’s value in fighting for a marriage that still has the potential for happiness and growth.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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Family Mediation and ‘MIAMs’: Recent Rule Changes. Young people sitting in a circle and having a group discussion.
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Family Mediation and ‘MIAMs’: Recent Rule Changes

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Mediation Information and Assessment Meetings (MIAMs) have been compulsory in Family Court proceedings since 2014.

MIAMs – What are they?

‘Mediation’ is a method of resolving disputes through an independent third party, known as a mediator. Their purpose is to assist parties in negotiating a settlement.

MIAMs are a meeting which considers and explains the potential benefits of mediation and other non-court dispute resolution (NCDR) methods. During this meeting, the mediator will provide an indication as to the method that would be most suitable to resolve the prospective applicant’s particular dispute. If you are looking to apply to the court to settle your divorce or separation issues, it is a legal requirement that you first attend a MIAM.

The Rules – What’s changing?

  1. MIAM Exemptions:

The courts are looking to update their rules around the obligations to attend a MIAM, and, from 29th April 2024, they will be introducing various changes to reflect this.

If a MIAM exemption applies, then a prospective applicant will not be required to attend a MIAM.

Previously, an application for a MIAM exemption could be accepted in the absence of any supporting evidence. The new Rules, however, require said evidence to be attached to the application.

The courts will make an initial inquiry into whether the exemption is valid, and this will be subject to an ongoing review. If an exemption is deemed invalid, the court may direct parties to attend a MIAM, and possibly adjourn proceedings for that purpose.

In these circumstances, parties are encouraged to engage with the MIAMs because the court will take parties’ conduct into account when considering whether to make an order for costs in relation to the proceedings.

Why?

A stricter approach to the MIAM exemptions means that it will be harder to avoid a MIAM. You may be asking, what are the benefits of this? Well, by exploring NCDR at an early stage, you might be able to (amicably) reach an agreement, and avoid both the time and money involved in issuing court proceedings. Early resolution can also aid in preserving relationships; this may be particularly important in cases where co-parenting is involved.

What else?

April 2024 also brings with it a new MIAM exemption. If a prospective applicant can provide written evidence that they have attended a NCDR process within the 4 months prior the date of the court application (in relation to the same, or substantially the same, dispute to which the proposed court proceedings relate), then an exemption applies. This will ensure that prospective applicants are not unnecessarily directed to attend a NCDR. ‘Written evidence’ is obtained once a NCDR provider has confirmed that the applicant has attended.

  1. An insight into parties’ attitude:

From 28th April 2024, the court is introducing a new Rule for those commencing either financial remedy proceedings or private law proceedings related to children. Applicants who fall within the relevant criteria must now file with the court, and serve on all parties, a form setting out their views on using NCDR as a method of settling.

Why?

The court has introduced this requisite to monitor and identify whether NCDR is a suitable alternative for parties. Requiring parties to record their views about NCDR on paper will encourage them to think outside of the box (or indeed the court room) and consider whether a resolution can be achieved through other means; the benefits of which have been briefly discussed above.

What can divorce experts do?

As well as supporting you in your Family Court proceedings, divorce experts can refer you to accredited mediators that are recognised by Resolution and the Family Mediation Council, to ensure you have the best chance of success at mediating your dispute.

This is only intended to be a summary and not specific legal advice.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

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How to End a Marriage Peacefully
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How to End a Marriage Peacefully

Published on
chloe-o-contributor
Chloe O.
Alternative Dispute Resolution professional and Certified Divorce Coach
The Divorce and Separation Coach

Not all marriages end in drama and fanfare. In many cases, couples just grow apart. They stop loving each other or simply evolve in different directions. In these kinds of situations, most couples agree that there is no need for war or acrimony. They have come to the conclusion that their marriage is over, but it doesn’t mean everything they had together was a lie and should be destroyed. The question is then about how to end the marriage peacefully and with dignity, rather than angrily and destructively.

Key to the success of such an approach will be the intent of both parties. The more committed they are to managing things with low conflict, the more likely they are to succeed. Because, contrary to what one might think, divorcing amicably can be difficult. You need to negotiate the terms of your agreements, which requires compromise and flexibility. In many ways, divorcing in court is the easy way out: you are delegating the decision-making to a judge. It involves great cost and means you have no control over the terms of your divorce, but it doesn’t involve agreeing to some of the other spouse’s requests.

Couples are more likely to divorce peacefully when they have learned to trust and communicate with each other during their marriage. If the couple has worked together as a team in raising their children and running a family, they are better able to leverage these skills once again at the time of separation. Trust is a key ingredient here as it allows each spouse to feel confident that the other isn’t trying to stab them in the back, and that the proposals they are making are reasonable. It doesn’t mean they will agree on everything, but it means that they are both willing to listen to the logic behind the other person’s position, and to contemplate things from their point of view, without assuming any ill intentions.

Most importantly though, the key to a successful divorce is to seek professional support. Even for a couple who is starting things off with the best of intentions, there is always a degree of conflict involved in divorce. The process requires disentangling two lives, which means everyone is losing something. There will inevitably be times when the soon-to-be-divorced couple will disagree on how to proceed. Professional support can help them get unstuck and explore other options. They can help them leverage conflict de-escalation techniques to make sure they don’t become entrenched in seemingly irreconcilable positions. As mentioned above, amicable divorce is hard work, and it is sometimes difficult to stay the course. The key here is not just to get help when you need it, it is to reach out to like-minded professionals whose objective is to support you in achieving a low-conflict divorce. Caution is therefore of the essence in selecting the professionals who will see you through your divorce negotiations.

The prize, however, makes it all worth the effort. By having a peaceful divorce, you will be preserving your own and your children’s wellbeing by limiting stress, conflict, and uncertainty. If you are co-parenting, this means you will ultimately find it easier to work together as a team to raise your children going forward and have a much better post-divorce relationship. A peaceful divorce will also help you achieve a much better outcome because it will be one that you agreed to willingly, after careful consideration, not one that was dictated by a third party who doesn’t know you. Unfortunately, the idea that divorce is a war where someone loses and someone wins still dominates mindsets. The reality is that everyone will lose a little and win a little. But when you go to court and turn the process into an open conflict, everybody loses, including your children and your bank account.

Read more articles by Chloe O.

About Chloe O.

“My name is Chloe O., I am an Alternative Dispute Resolution (ADR) professional and a Certified Divorce Coach. I specialise in working with women to help them reduce conflict during and after divorce by improving their negotiation and communication skills with their spouse. The objective is to work towards an amicable divorce outcome in order to minimise the emotional and financial cost of divorce. I work with all types of clients but I have extensive experience in supporting expatriates and international families who are dealing with the unique situation of living abroad during and after their divorce, with limited local family support, language barriers and relocation considerations.”

For more information about my work and services (including my Podcasts, newsletter, myth-buster videos…), you can visit my website and/or follow me on Instagram, Facebook or LinkedIn.

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Tips For Settling an Amicable Divorce: Navigating With a Gentle Approach
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Tips For Settling an Amicable Divorce: Navigating With a Gentle Approach

Published on
Jennifer Bell
Jennifer Bell
Conflict Resolution Specialist

Going through a divorce can be an emotionally challenging time, but it doesn’t always have to be filled with conflict and animosity. When both parties approach the process with understanding and empathy, an amicable divorce can be achieved. In this article, we’ll explore some valuable tips to help individuals beginning or settling divorce proceedings navigate the path of separation with a gentle, happy, and clear approach. Remember, the support of a compassionate divorce attorney can make all the difference in ensuring a smooth and amicable divorce.

Communication is Key:

Open and honest communication is the foundation of an amicable divorce. Approach discussions with a willingness to listen and understand each other’s perspectives. Keep conversations respectful and focused on finding common ground, allowing you both to move forward positively.

One of the keys to successful communication during a divorce is active listening. When we truly listen to our partners, we validate their feelings and show them that their thoughts and emotions are important to us. It’s essential to set aside distractions during conversations and give each other undivided attention. Avoid interrupting, and instead, take turns expressing your thoughts and feelings. Remember that communication is a two-way street, and actively participating in the process can foster a sense of mutual understanding.

Choose the Right Divorce Attorney:

Selecting the right divorce attorney can significantly impact the tone and outcome of your divorce. Look for a lawyer who prioritises mediation and collaboration rather than confrontation. A compassionate divorce attorney can guide you through the process with care, emphasising mutual solutions and striving for an amicable resolution.

When searching for the right divorce attorney, consider seeking recommendations from friends or family who have been through similar experiences. Look for someone who has experience in handling amicable divorces and values the importance of maintaining a positive relationship between both parties. During your initial consultations, pay attention to their communication style and whether they actively listen to your concerns. Remember that a lawyer who understands the emotional aspects of divorce can provide valuable support and legal guidance.

Prioritise the Wellbeing of Children:

If children are involved, their well-being should always take precedence. Keep their best interests in mind and strive for a parenting plan that ensures a stable and nurturing environment. Co-parenting with mutual respect fosters a sense of security for the children during this transitional phase.

When discussing child custody arrangements, remember that consistency and stability are vital for children’s emotional well-being. Focus on creating a parenting plan that allows both parents to be actively involved in their children’s lives. Be flexible and considerate of each other’s schedules and commitments. If necessary, seek the help of a child specialist or family therapist to ensure the plan’s suitability for your children’s unique needs.

Practice Empathy and Understanding:

Divorce can bring up intense emotions, but try to approach the situation with empathy and understanding. Acknowledge your emotions and allow your partner to express theirs without judgment. Practising empathy can lead to more constructive conversations and pave the way for an amicable settlement.

Empathy involves putting ourselves in our partner’s shoes and trying to understand their feelings and perspectives. When conflicts arise, take a step back, and try to see the situation from their point of view. This approach can help de-escalate tense situations and foster a sense of mutual respect. By showing empathy, you can create a positive environment that encourages cooperation and compromise.

Consider Mediation:

Mediation can be an effective way to resolve disputes in a non-adversarial setting. A skilled mediator can help facilitate discussions and assist both parties in reaching agreements that work for everyone involved. Opting for mediation often reduces stress and legal expenses, making the process smoother for everyone.

During mediation, a neutral third party works with both spouses to identify common goals and explore potential solutions. Mediation sessions provide a safe space for open communication and creative problem-solving. This process allows couples to maintain control over decisions regarding their divorce rather than leaving them in the hands of a judge.

Be Willing to Compromise:

Compromise is essential in any amicable divorce. Focus on finding solutions that meet the needs of both parties, rather than trying to “win” every aspect of the settlement. Being flexible and willing to give and take can lead to a more harmonious resolution.

When discussing issues such as asset division or alimony, consider the bigger picture and the long-term benefits of compromise. Avoid getting fixated on small details that may not significantly impact your future. The willingness to compromise demonstrates a commitment to resolving conflicts peacefully, which can lay the foundation for a positive post-divorce relationship.

Protect Your Financial Interests:

Even in amicable divorces, it’s crucial to protect your financial interests. Be transparent about assets and debts, and work together to divide them fairly. Consulting with a financial advisor can provide additional clarity and ensure a stable financial future for both parties.

Before making any financial decisions, gather all relevant financial documents, including bank statements, tax returns, and investment accounts. With the guidance of a financial advisor, you can analyse your financial situation objectively and create a plan that aligns with your future goals. Additionally, consider updating beneficiaries on insurance policies and retirement accounts to reflect your new circumstances.

Take Time for Self-Care:

Divorce can be emotionally draining, so it’s essential to prioritise self-care. Engage in activities that bring you joy and relaxation, such as spending time with supportive friends and family, pursuing hobbies, or seeking professional counselling if needed.

Self-care during divorce involves nurturing both your physical and emotional well-being. Regular exercise, a balanced diet, and sufficient rest can contribute to better emotional resilience. Surround yourself with a support network of friends and loved ones who can provide emotional comfort and encouragement. Remember that seeking professional counselling can be beneficial, as it provides a safe space to process your feelings and emotions.

Keep the Future in Mind:

Focus on building a positive future for yourself post-divorce. Letting go of resentments and negative feelings can be challenging but is essential for personal growth. Concentrate on the opportunities ahead and the chance to start anew.

Instead of dwelling on the past, embrace the possibilities that lie ahead. Set new personal and professional goals, and take steps towards achieving them. Keep in mind that while divorce marks the end of one chapter, it also opens the door to new beginnings and opportunities for personal growth.

Celebrate Achievements:

As you progress through an amicable divorce, take time to celebrate the achievements you and your partner make along the way. Each step towards a fair settlement and a respectful separation is a milestone to be proud of.

Celebrate moments of compromise and successful communication. Recognise the efforts you and your partner put into maintaining a positive and respectful divorce process. Celebrating achievements, no matter how small they may seem, can reinforce the commitment to an amicable resolution.

Settling an amicable divorce requires a gentle and understanding approach, as well as a commitment to open communication and cooperation. By following these tips and seeking the guidance of a compassionate “divorce attorney,” you can navigate this challenging time with grace and positivity. Remember, putting the well-being of any children involved first and practising empathy can lead to a smoother transition and the chance for both parties to move forward with hope and happiness.

About Jennifer Bell

Jennifer Bell is a recent divorcee, conflict resolution specialist, and writer for divorce lawyers in the Philadelphia area.

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Step-by-Step Process to No-Fault Divorce in the UK
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Step-By-Step Guide to No-Fault Divorce in the UK

Published on
Chris Sweetman
Chris Sweetman
Director
Fair Results

A No-Fault Divorce is a legal procedure that enables a married couple to end their union without having to establish that one partner was at fault for the marriage’s dissolution. Therefore, neither spouse is required to present proof of infidelity, abandonment, or any other type of marital impropriety.

Understanding the no-fault divorce procedure is important for a number of reasons. For starters, it can dramatically minimise the mental stress and turmoil that is sometimes associated with divorce processes. Couples can focus on addressing issues without having to assign blame. Secondly, it can speed up the divorce process by eliminating the need for long investigations or trials to determine fault. Finally, it allows spouses to keep a sense of discretion regarding the reasons for their divorce, which can benefit all parties involved, particularly children.

Understanding No-Fault Divorce

A no-fault divorce is one in which neither spouse is legally obliged to show that the other is to blame for the dissolution of the marriage. Contrast this with a fault-based divorce, when one side is blamed for bad behaviour like infidelity or abuse. In a no-fault divorce, the couple just needs to say that their union has irretrievably fallen apart and leave it at that.

No-fault divorce, in the history of British family law, is a relatively new idea – coming into effect on 6th April 2022. Societal developments and shifting attitudes regarding marriage resulted in adjustments to divorce laws.

There are various advantages to a no-fault divorce:

  • Reduced Conflict: Not having to prove fault decreases conflict and stress between the parties, which is especially advantageous when children are involved.
  • Faster Procedure: Because there is no requirement for investigations or proof of fault, the divorce process can be expedited.
  • Privacy: Couples can keep their divorce grounds private, which can be less detrimental to their reputations and personal lives.
  • Emotional Well-being: The lessened conflict and accelerated process can benefit both parties and the emotional well-being of any children involved.

Eligibility Criteria

Before you petition for a no-fault divorce in the United Kingdom, you must first grasp the eligibility requirements. This section will walk you through the steps necessary to proceed with a no-fault divorce.

Residency Requirements

In order to petition for divorce in the United Kingdom, at least one spouse must be:

  • Resident in England or Wales, or
  • Domiciled in England or Wales if you are living abroad.

Duration of Marriage

Before you may apply for a divorce in the UK, you must have been married for at least one year.

Mutual Agreement

While mutual consent is not required for no-fault divorce, it can make the process go more smoothly. It might speed up the procedure if both parties agree that the marriage has irreparably broken down.

Grounds for No-Fault Divorce

The sole foundation for a no-fault divorce is that the marriage has irretrievably broken down. However, you are not required to present proof of any misconduct. It is sufficient to indicate that you and your spouse have disagreements that cannot be resolved.

Preparing for the Divorce Process

It is critical to be well-prepared before beginning the process of filing for a no-fault divorce. This section will walk you through the measures you should take to prepare for divorce.

Gathering Necessary Documents

Begin by gathering all of the paperwork you will require during the divorce procedure. These are some examples:

  • Marriage certificate
  • Financial documents (bank statements, tax returns, etc.)
  • Property deeds and mortgage statements
  • Documents related to any debts
  • Pension statements

Seeking Legal Advice

Even in a no-fault divorce, it is important to get legal counsel. A solicitor can assist you in navigating the process, advising you on your rights, and negotiating divorce financial settlements and child custody agreements.

Understanding the Financial Implications

Divorce can have a big impact on your finances. It’s crucial to:

  • Analyse your present financial status.
  • Recognise the costs associated with the divorce procedure.
  • Think about how your debts and assets will be allocated.
  • Make financial preparations for life after divorce.

Considering the Impact on Children and Family

If you have any children, their welfare should be your first priority. Think about how you can lessen the effect of the divorce on them. This can include:

  • Discussing the divorce with your children in an age-appropriate way
  • Making plans for their future residence
  • Ensuring that both parents are available to them
  • Taking into account their emotional needs and, if necessary, seeking counselling

Setting Realistic Expectations

Setting reasonable expectations for the divorce process is critical. Recognise that it can be both time-consuming and emotionally draining. Prepare to negotiate and potentially make compromises.

Creating a Support System

Having a support network in place can be quite beneficial during the divorce process. This could include:

  • Friends and family
  • Support groups
  • Counselling or therapy
  • Legal and financial advisors

Step-by-Step Guide to Filing for No-Fault Divorce

When you are ready, you can begin the process of filing for a no-fault divorce. Here is the divorce process flowchart & a step-by-step guide:

The Divorce Process, Step-by-Step
Divorce process breakdown flowchart.

Step 1: Preliminary Considerations and Preparations

Before filing, make sure you’ve thought about the consequences and are prepared, as outlined in the ‘Preparing for the Divorce Process’ section.

Step 2: Filing the Divorce Application

The ‘petitioner’ is the one who initiates the divorce. The petitioner must fill out a D8 divorce application form, which can be done online or by mail. You will state that the marriage has irretrievably broken down in a no-fault divorce.

Step 3: Serving the Divorce Papers to the Other Party

The other spouse, referred to as the “respondent,” must be served with the divorce papers after the application has been submitted. A copy of the application and a response form will be sent to them.

Step 4: Responding to the Divorce Application

Eight days are given for the respondent to respond to the divorce petition. They can accept the divorce or they can object to it. If they concur, the divorce is regarded as uncontested. If they can’t agree, it will be a defended divorce, which might make things more difficult.

Step 5: Negotiating Settlements and Agreements

Financial settlements, property division, and, if applicable, child custody and support, must all be agreed upon by both parties. You can accomplish this through mediation or a lawyer.

Step 6: Applying for the Decree Nisi

The petitioner may submit a decree nisi application after agreements have been reached. According to this document, there is no legal reason why you can’t get a divorce.

Step 7: Applying for the Decree Absolute

The petitioner may apply for the decree absolute six weeks after receiving the decree nisi. The marriage has been legally ended by this document. The divorce is finalised after this is granted.

Note: Attending Court Hearings (if necessary)

You might need to appear in court proceedings if the divorce is disputed or if there are problems that cannot be settled through discussion.

Post-Divorce Considerations

After the divorce is official, there are a number of things to think about and actions to take to begin your new life successfully.

Financial Planning After Divorce

Following a divorce, your financial circumstances may drastically change. It is critical to:

  • Make a fresh budget that matches your current income and expenses.
  • Bank accounts, insurance policies, and other financial products should all be updated.
  • Consider consulting with a financial professional for advice on managing finances after a divorce.

Co-Parenting Arrangements

Co-parenting will be a significant part of your life after divorce if you have children. Here are some tips for successful co-parenting:

  • Discuss the children with your ex-spouse in an open and courteous manner.
  • Keep the best interests of the children in mind.
  • Be adaptable and willing to make concessions on timing and other difficulties.
  • Consider using co-parenting applications to organise schedules, communicate, and share child information.

Updating Legal Documents

After divorce, it’s important to amend legal documents, including:

  • Your will
  • Beneficiaries on insurance policies and retirement accounts
  • Emergency contacts
  • Any powers of attorney

Focusing on Personal Growth & Wellbeing

Make the most of this period by focusing on personal development and restoring your life.

  • Setting new goals for your career, personal life, and hobbies is one example.
  • Participating in activities that provide you joy and fulfilment.
  • Consider counselling or therapy to help you go through your emotions.

How Can Fair-Result Help you Deal with a No-Fault Divorce?

Overall, divorce proceedings are complex, covering legal procedures, emotional well-being, and huge life changes. Individuals can manage this shift more smoothly if they focus on preparation, knowledge, and support. It is critical to approach the process with clarity and to seek the resources and assistance that are required.

And having the correct assistance and guidance is critical as you negotiate the difficulties of no-fault divorce. Fair-Result is here to help you get through this difficult period. So, if you require legal or financial assistance, feel free to contact our team.

More articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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Ending a Civil Partnership or a Marriage: What are the Differences?
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Ending a Civil Partnership or a Marriage: What are the Differences?

Published on
Alexandra Bishop
Alexandra Bishop
Senior Associate
Kingsley Napley

Civil partnerships were first introduced in the Civil Partnership Act 2004 as a way for same sex couples to have their relationships legally recognised. Since 2019 couples irrespective of sex have been able enter into a civil partnership.

There are no real differences when ending a civil partnership or a marriage, or at least there are very few variations. This seems right given the context in which civil partnerships and same sex marriage came into play – to ensure the equal treatment for men and women regardless of sexual orientation to enter into a legally recognised partnership. This same equality and non-discrimination is reflected in the legal process to end a civil partnership or a marriage and the same legal and financial protection is given to couples when a marriage or civil partnership comes to an end.

Disappointingly, the law that protects those in legally recognised relationships is currently still lacking when it comes to protection for cohabiting couples where there is only a limited ability to make financial claims. As such there is a very real difference between ending a civil partnership or a marriage and ending a relationship that is not legally recognised.

Terminology

In England and Wales, aside from a difference in terminology (if you want to end a civil partnership you apply for a dissolution and if you want to end your marriage you apply for a divorce), the rules and the process for dissolution and divorce are the same.

If parties who are married or have entered into a civil partnership in England are seeking to divorce abroad, however, it is important to take specific advice in that jurisdiction. Whilst opposite sex marriage formed in England and Wales is recognised worldwide, civil partnerships and same sex marriages are recognised in some countries but certainly not all. It will very much depend on the jurisdiction where a couple intends to divorce as to whether that country recognises a civil partnership and as to the rights such couples might have under local law, regardless of the clear position in England.

The process for obtaining a divorce or dissolution

Since the introduction of “no fault” divorce on 6 April 2022 when The Divorce, Dissolution and Separation Act 2020 came into effect, the person applying for a divorce or dissolution only has to confirm within the divorce application that the marriage or partnership has broken down irretrievably and no supporting facts or evidence are required. This welcome change has allowed couples to end their marriages jointly and has removed the need for either party to blame the other for the breakdown of the relationship.

The process now takes place online via a court portal. If both parties agree to a divorce or dissolution then a joint application can be made. Alternatively, if just one party agrees to a divorce or dissolution then a sole application would be made. However, parties can only make the application once they have been married or in a civil partnership for over a year. The next stage of the divorce or dissolution is the application for a conditional order (the first stage of divorce and dissolution) which can be made 20 weeks after the application was issued. Once the conditional order has been pronounced there is a minimum timescale of six weeks and one day before the applicant can apply for a final order (for married couples) and a dissolution order (for couples in a civil partnership), which legally ends a marriage or partnership.

There is a very slight difference in the grounds required to annul a marriage compared to a civil partnership. Annulment is a different way of ending a marriage or civil partnership. Unlike divorce, either party can apply for an annulment in the first year of marriage or a civil partnership, although there needs to be very specific reasons for this. Annulment is very unusual. One of the grounds to be able to annul an opposite sex marriage is that a marriage has not been consummated since the wedding, although this does not apply to same sex marriage or civil partnership. Another reason a married couple could annul is because the respondent had a sexually transmitted disease when they married and the applicant was unaware of it at the time. Again this is not a valid reason to annul a civil partnership. 

Resolving the finances upon a divorce or dissolution

Married couples and couples in a civil partnership have the same financial claims upon a divorce or dissolution under the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004.  There is no difference in the application of the law in determining a fair and reasonable financial settlement upon a divorce or dissolution. In the context of these financial proceedings, the court has the powers to make the following financial orders: property adjustment orders (transferring properties between spouses or civil partners or a sale of the assets), lump sum orders, pension orders (sharing a pension with your spouse or civil partner) and periodical payments (payments made from one spouse or civil partner to the other to provide income support).

Although the nature of civil partnerships and marriages in terms of their meaning and historical context are very different and couples may have strong reasons for choosing marriage over a civil partnership or vice versa, the legal protections afforded to these couples and the process for ending these relationships are essentially the same.

Read more articles by Kingsley Napley LLP.

About Alexandra Bishop

Alexandra is a Senior Associate in the Family and Divorce team at Kingsley Napley, with experience of all types of private family law work relating to both finances and children.

Alexandra offers practical and realistic advice and provides excellent care for her clients, working through technical legal problems pro-actively to achieve the best possible result.  She has been recognised for her work in Legal 500 2019, one of the leading legal directories in the UK.

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