Alternatives To Divorce
What alternatives to divorce are there?
The alternatives to divorce are: you can separate, which means you have a deed of separation, drawn up between lawyers, which are partially binding, or you can have a decree of judicial separation. Same grounds as divorce, except you're not actually divorced, but you can get some of the financial settlement you could if you were divorcing.
Are there cheaper ways of ending our marriage?
There are cheaper alternatives than going to a divorce lawyer to end your marriage. You can do it yourself but with limitations - be very careful that you remember to have a final financial settlement. You can enter into a separation and not actually get divorced, but in my thirty years' experience, you do need some form of legal advice, particularly if you've got assets, to end a marriage. Otherwise you'll make a terrible mistake and may end up not being able to afford to live as you did before the divorce.
Can I get my marriage annulled in the UK?
You can get your marriage annulled in the UK. You can get a petition for nullity to annul a marriage. For example, if your partner can't consummate the marriage, or they were so drunk that they couldn't consent to the marriage, or you're brother and sister. That will entitle you to have the whole marriage annulled, and it's as if you were never married in the eyes of the law.
What is a 'Religious Annulment'?
A religious annulment is entirely different from a legal annulment, and the various churches in this country have qualifications for an annulment, and I would suggest if you want to know your eligibility for example, for the Church of England annulment, you go onto their website to find out what you need to do exactly to qualify for annulment.
What is 'Collaborative Familly Law'?
Collaborative family law is a new system that's come over from America. In collaborative family law, you sign up with the other side's lawyer to say you will not go to court. And you will sit together with the other side's lawyer and thrash out an agreement about anything you like and then you will just put an agreement before the court which the court will then stamp. Collaborative family law gives a lot more flexibility than the normal court system.
What is a 'Deed of Separation'?
A Deed of Separation or Separation Agreement is a document that is drawn up when you separate, and can set up an agreement you've reached pending a divorce. For example, you will say, "In two years time, after we've been separated two years, we will agree to divorce, and we will agree to divide up the assets. She will keep the house. He will keep his company." You can set out all sorts of things that you agree. In the subsequent divorce, some of the capital side of that might be binding, but the maintenance that you put into a Separation Agreement can always be changed on divorce. Sometimes people use a Deed of Separation when they're not sure if they want to get divorced, but they want to deal with the financial matters in the meantime.
What is a 'Judicial Separation'?
A judicial separation is an alternative to divorce for people who are deeply religious. For example, if they're staunchly Catholic and don't believe in divorce, they will petition for judicial separation, which is exactly the same grounds as divorce, except we don't state that the marriage has irretrievably broken down. It will allow them to claim the same finances as on a divorce, except for pension rights.
What is a 'Dissolution'?
A dissolution of a marriage means the end of a marriage. So a divorce petition will allow you to dissolve your marriage and be divorced.
