Family Matters - RELATIONSHIP PROBLEMS       01223 415372

Whether you’re married, in a civil partnership or cohabiting when a relationship comes to an end it can be an extremely distressing and confusing time. Many people experience relationship problems but a lot of people are unaware of the options available to them.

If you would like legal advice then please call or email our family solicitor, Sarah Smith on 01223 415372 or sarah.smith@smslaw.co.uk for initial free advice or alternatively to book an initial free appointment.

MARRIED

1. Reconciliation and counselling with a view to saving the partnership. Obviously, this will have to be a joint decision

2. An informal separation. This does not involve Court proceedings but you can formalise financial issues and matters regarding the children by entering into a Deed of Separation which is a form of contract and is enforceable through the Courts if the terms are not adhered to. The Deed serves the purpose of recording the fact that you have decided to live separate lives. However, you must both consent to the drafting of such a Deed. A Deed of Separation generally gives either of you the option to file for a divorce based on two years separation with consent, once of course, you have been living separate lives for two years. This option takes away the “fault” element of the breakdown of the relationship. It must be borne in mind that once a Deed of Separation has been signed, it does not necessarily preclude either one of you from making a further financial claim against the other within divorce proceedings at a later date. The Deed would certainly assist you with demonstrating your intentions at the time the Deed was signed and generally record the fact that the agreement reached was in full and final settlement.

3. Judicial Separation. This is a legal separation that involves Court proceedings and the end result is that you receive a decree stating that you are officially separated although, you are still married.

4. Divorce. There is only one ground for commencing divorce proceedings and that is irretrievable breakdown of marriage. You must evidence this breakdown by relying on one of five different facts:

   1.  Adultery

   2.  Unreasonable Behaviour

   3.  Desertion

   4.  Two years separation with consent

   5.  Five years separation

   If you issue divorce proceedings then you will need your marriage certificate. We offer a fixed fee divorce and further information regarding our fees is available on in our Fees section.

If you would like legal advice then please call or email our family solicitor, Sarah Smith on 01223 415372 or sarah.smith@smslaw.co.uk for initial free advice or alternatively to book an initial free appointment.

CIVIL PARTNERSHIPS

If you have entered in to a civil partnership with your partner and your relationship breaks down then you are now put in a similar position to those who are married and whose relationship has broken down. The options available to you include:

1. Reconciliation and counselling with a view to saving the partnership. Obviously, this will have to be a joint decision

2. An informal separation. This does not involve Court proceedings but you can formalise financial issues and matters regarding the children by entering into a Deed of Separation which is a form of contract and is enforceable through the Courts if the terms are not adhered to. The Deed serves the purpose of recording the fact that you have decided to live separate lives. However, you must both consent to the drafting of such a Deed. A Deed of Separation generally gives either of you the option to file for a dissolution based on two years separation with consent, once of course, you have been living separate lives for two years. This option takes away the “fault” element of the breakdown of the relationship. It must be borne in mind that once a Deed of Separation has been signed, it does not necessarily preclude either one of you from making a further financial claim against the other within dissolution proceedings at a later date. The Deed would certainly assist you with demonstrating your intentions at the time the Deed was signed and generally record the fact that the agreement reached was in full and final settlement.

If you want to end your civil partnership you need to get permission from a court. There are different ways you can ask a court to end your civil partnership. You can ask the court to grant:

1. Dissolution order. Your civil partnership must have lasted for at least one year before you can apply for a dissolution order. There is only one ground for commencing dissolution proceedings and that is irretrievable breakdown of your partnership. You must evidence this breakdown by relying on one of four different facts:

   1.  Unreasonable Behaviour

   2.  Desertion

   3.  Two years separation with consent

   4.  Five years separation

2. Separation order. You don't have to wait until your civil partnership has lasted for a year before you can apply for a separation order and you don’t have to have been living apart either. You can apply for a separation order at any time and the same facts as the dissolution order will need to be proved.

3. Annulment. This is more rare however please speak to Sarah Smith if you would like further information or advice on this.

If you would like legal advice then please call or email our family solicitor, Sarah Smith on 01223 415372 or sarah.smith@smslaw.co.uk for initial free advice or alternatively to book an initial free appointment.

UNMARRIED PARTNERS (COHABITATION)

If you live with your partner and are not married or have not entered into a civil partnership then you do not have any particular legal rights or entitlements as a result of your relationship. There is no such thing as a common law marriage. If you are living together then there are steps that you can take to protect yourself and your partner. The law in this area is fairly confusing and complex and we would suggest that you take legal advice.

Further information can be found at www.direct.gov.uk/en/Governmentcitizensandrights

If you would like legal advice then please call or email our family solicitor, Sarah Smith on 01223 415372 or sarah.smith@smslaw.co.uk for initial free advice or alternatively to book an initial free appointment.