As we move into September and the long six-week summer holidays come to an end, new beginnings may be on the horizon, particularly for couples with children starting new school years or attending new schools altogether.
While many families cherish the six-week summer break as a chance to spend quality time together, enjoy holidays abroad or at home relishing in the great British summer, the experience is not the same for everyone.
For some couples, spending more time together may have highlighted cracks and strains within their relationships. Others may have decided to have “one more summer as a family” before choosing to separate. Consequently, it’s no surprise that, as divorce lawyers, we often see a surge in enquiries in September, with couples exploring whether separation and divorce may be the right choice for them, rather than waiting until the so-called “divorce day” in January.
If you are contemplating separating from your spouse, it’s essential to understand your next steps.
Divorce
As has been widely publicised, divorce proceedings are now much easier to initiate through the “no-fault” process, which can be issued online. As it is so easy to issue proceedings, it is imperative that couples seek legal advice regarding the implications, especially concerning their matrimonial finances.
Briefly, divorce proceedings are issued online, followed by a 20-week holding period before you can apply for a Conditional Order. After a further 6 weeks, you can apply for a Final Order, which legally ends your marriage. Importantly, this does not end financial ties between ex-spouses.
Finances
Financial matters must be resolved with divorce proceedings. If left unresolved, you will remain financially tied to your ex-spouse, despite your marriage having legally ended. The only way to resolve financial matters is through a court order. This can be obtained by consent if an agreement is reached between ex-spouses, either through solicitors or mediation, or imposed by the court if no agreement can be reached.
Financial matters can be complex, particularly when dealing with pension assets. Alongside legal advice, it is often necessary to obtain advice from an accountant, financial adviser and pension actuary to ensure any agreement is fair.
Children
For couples with children, divorce and separation is a huge upheaval and change in their lives. Understandably separating parents will be concerned about continuing to play an active role in their children’s lives.
It is therefore important for separating couples to carefully consider the arrangements for their children to spend time with each parent. This can prove difficult. If an agreement is not easily reached, various options are available to help resolve these issues including Collaborative Family Law, round table meetings, mediation and, if appropriate, child-inclusive mediation.
Separation and divorce can feel very daunting. It is therefore important to have the support and guidance of a specialist family lawyer to help you navigate this process.
If you are considering separation or divorce proceedings, please do not hesitate to contact our specialist family team, who can offer invaluable advice and support to guide you through this journey. Please contact Catherine Lowther, Managing Associate in the family team, at cel@swinburnemaddison.co.uk or call us on 0191 384 2441.
