The breakdown of a personal relationship is recognised as a traumatic event in any person's life. It results in long-term implications for all parties involved, as well as for their collective future financial security.

Thrings’ Family team specialises in guiding you through the legal issues of a relationship break down and can support you at what is often an extremely emotional period of your life.

When you decide to end your marriage, you can choose to divorce, separate or agree a Judicial separation*. Outlined below are the key issues relating to each option.

*Judicial separation is not a legal divorce but is a legal separation where, in effect, all marital obligations come to an end.

The divorce process

To obtain a divorce, you need to present a petition to Court (this is only possible after the first year of your marriage). The person presenting the petition (the petitioner) must show that their marriage to their spouse (the respondent) has irretrievably broken down. This can due to one of five reasons:

• Adultery
• Unreasonable behaviour
• Desertion for two years
• Separation for two years, which requires the consent of the respondent
• Separation for five years, which doesn't require the consent of the respondent.

The Petitioner files a petition, a statement of Arrangement for the children (if any), together with the issue fee at Court.

The petition is sent to the respondent, who then files an Acknowledgement of Service. A district judge will grant a Decree Nisi (an interim order) and then six weeks later, the Court will grant a Decree Absolute, which represents the finalised divorce.

The Judicial separation process

This is dealt with in the same way as divorce proceedings but the couple will not be divorced at the end. However, they will, in the eyes of the Court, be formally separated and the Court will have the power to deal with financial issues and Orders.

For some married couples, divorce is not an option, particularly on religious grounds, in which case, Judicial separation or separation can provide the answer.

Separation

There are no formal procedures to go through if a couple wishes to separate rather than divorce. But it is advisable that their assets be divided and the agreement recorded in a formal Separation Deed.