When a relationship breaks down, it can be extremely stressful for everyone involved. If the couple are married or civil partners, they have a formal legal relationship and will need to consider the options as to what to do.

At Jackson Quinn we will guide you through the different ways of dealing with the situation, and advise you on what is the best option for you. The following information is based upon the assumption that you are in fact married or have formed a civil partnership as opposed to couples who cohabit. If you require information concerning cohabitation breakdown please click here.

When a relationship ends, the couple involved have a number of issues to consider, such as:

What should they do about the relationship itself?

What will happen to any children?

What will they do about money, assets and financial matters generally?

The first thing to consider is whether the relationship is definitely over, for example, it may be appropriate to consider seeing a counsellor or attending mediation. At Jackson Quinn we are able to recommend reputable services that may assist.

Once it is clear that the relationship is over there are a number of options available

1. Physically separate and take no further action

2. Enter into a separation agreement

3. Legal separation

4. Divorce

Physically separate and take no further action

You are not obliged to do anything in terms of written agreements or court proceedings. It is possible just to agree to live apart and leave it at that. This will generally only work if there is a complete agreement on all matters such as the children, money, property etc. It does mean however that nothing has been formalised. If either party subsequently wanted to re-marry, divorce proceedings would have to be issued. Any agreements will also not be legally binding or enforceable, and could be broken at a later date.

There might also be inheritance issues that would need to be considered. When separating it is always a good idea to make a will or revise an existing will. This is something that Jackson Quinn can assist you with.

Separation Agreement

A separation agreement is a written contract between a married couple or civil partners. It does not involve any court proceedings but can be enforced by the Courts if either party tried to go back on the agreement, providing certain criteria are fulfilled.

A separation agreement is a very flexible document which can cover any subject upon which the parties have reached an agreement. It is a personal document which can be adapted to fit the parties’ needs. At Jackson Quinn we have the expertise to draft any separation agreement to cater for your requirements.

Legal Separation

A Legal Separation allows you to separate without commencing divorce proceedings or ending a civil partnership.

1. It does not leave you free to remarry

2. It cannot be converted into a divorce

Legal Separation is generally used by people who:

1. have not been married or in a civil partnership for one year so cannot divorce or end the civil partnership

2. have a religious objection to divorce

3. Are not entirely sure this marriage is over but feel they need to do something

An application can be made for Legal Separation by either party or as a joint application. A joint application can be made if:-

1. You both agree that there should be a legal separation

2. You’re not at risk of domestic abuse

An application can be made for a sole application if:-

1. The other party does not agree that there should be a legal separation

2. You do not think the other party will cooperate with the process

Divorce /Dissolving a Civil Partnership

To obtain a divorce in England and Wales, you must confirm the following:-

1. You have been married for over one year

2. Your marriage has broken down irretrievably

3. Your marriage is legally recognised in the UK (including same-sex marriages)

An application for a divorce can be made by either party to the marriage, or by both parties as a joint application.

The Divorce, Dissolution and Separation Act 2020 reformed the legal requirements and process for a divorce and the changes provided for in this act were introduced in April 2022. The aim of the new act was to reduce the potential for conflict between separating couples by removing the need to make allegations about the other party’s behaviour and to allow couples to end their marriage jointly. The new act also introduces a minimum period of 20 weeks between the start of the proceedings and the application for a Conditional Order to allow separating couples with a period of reflection.

You can apply to end your civil partnership if you have been in the partnership for over one year. Similarly, to a divorce, an application to dissolve the partnership can be made by either party or by both parties as a joint application. The changes made in April 2022 also mean that there is only now one basis for dissolution of a civil partnership which is that the partnership has irretrievably broken down.

At Jackson Quinn we have a specialist family law team who are accredited with the Law Society’s Children Law Accreditation scheme, Family Law Panel, Advanced Family Law Panel and Resolution accredited. We also hold a contract with the Legal Aid Agency and you may be eligible for Legal Aid. With our wealth of experience and expertise, our family team will guide you through the pit falls and options available to you on separation and put this into action. Our aim is to make the process of separation as easy and painless as possible. We are committed to giving advice of the highest standard on all aspects of relationship breakdown.