Divorce or Separation

Unfortunately marriages breakdown and it is not always clear which avenue should be pursued. You can do nothing which is not advisable or alternatively you may wish to formally separate or bring the marriage to an end by issuing divorce proceedings.

Before divorce proceedings can be issued the parties must have been married for over one year. Furthermore, either you or your spouse must be domiciled in England and Wales or have been habitually resident in England and Wales for a period of twelve months before any divorce proceedings are issued. It is necessary to consider the grounds upon which you will base your divorce petition. Irretrievable breakdown of the marriage must be proven accompanied by one of the following grounds to substantiate the breakdown of the marriage :-

1. Your spouse has committed adultery and you find it intolerable to continue living
   with him/her.
2. Your spouse has behaved in such a way that it would be unreasonable to expect
   you to continue living with him/her.
3. Your spouse has deserted you for a continuous period of 2 years or more.
4. You and your spouse have lived apart for a continuous period of 2 years or more
   and your spouse consents to the divorce.
5. You and your spouse have lived separately for a continuous period of 5 years irrespective of whether or not your spouse consents to the divorce.

If the above grounds do not appear to be applicable to your present circumstances you may wish to consider a separation agreement as an alternative.
A legal separation is a good alternative to divorce proceedings as it enables you to resolve financial issues without dissolving your marriage. If a reconciliation occurs you can revoke the separation agreement and continue with your marriage. A separation agreement is a contract between yourself and your spouse, which is then binding between the two of you. The agreement can be drafted to include whatever terms you and your spouse wish and can be as comprehensive or small as you both wish. To have a separation agreement drafted both parties must agree to the terms. If a disagreement occurs which cannot be resolved the agreement cannot be finalised therefore you may then may need to consider the divorce route to obtain financial assistance from a Court.