Are you going through a separation or divorce and feel uncertain about what to do next? First Law Solicitors is here to help. FSL provides professional services to help you navigate the complexities of family law. These involvements include child custody and residence arrangement as well as financial statements.
FSL support is aimed to guarantee that your rights and interests are completely protected. We also make you have an equitable and organized resolution. Our detailed advice resources outline major steps, expectations, and the options available to you.
First Law Solicitors understand that a decision regarding divorce, separation, nullity, and other areas of financial settlements are part of the most challenging life moments that our clients could go through. Contact us at _____________
Divorce is the legal process by which a valid marriage is formally dissolved, ending the legal relationship between spouses and freeing them to remarry. From April 6th, 2022, the law allows for no-fault divorce under the Divorce, Dissolution and Separation Act 2020. This means that instead of proving one of several historical “facts” (such as adultery, behavior, desertion, separation with consent, etc.), a spouse (or both jointly) need only state that the marriage irretrievably broken down.
Contested Divorce arises when one party disputes the divorce petition, or contests one or more of the issues (asset division, maintenance, or jurisdiction). Prior to the 2022 reforms, contested divorces were more common under the specific grounds; now, although the no-fault divorce law reduces blame-based disputes, contested divorces can still occur when parties disagree over terms or facts. These take longer and incur greater legal costs.
Uncontested Divorce is where both parties agree to the divorce and generally to the terms of the separation, for example, financial agreements, asset division, and child arrangements. There is minimal opposition or complication. It tends to be faster and less costly.
Judicial Separation provides an alternative to divorce for couples who wish to live apart without completely dissolving their legal marriage.
Judicial separation is a legal process that gives couples many of the consequences of separation without formally ending the marriage. Unlike divorce, it does not terminate the marriage or permit remarriage. The spouses remain married in the eyes of the law.
People may choose judicial separation for various reasons:
Nullity (often called annulment) is a legal declaration that a marriage was never valid, or is voidable under specified grounds. In effect, a decree of nullity treats the marriage either as though it never legally existed (void), or as a legally valid marriage at the time but capable of being nullified due to certain circumstances (voidable).
Some of the grounds for annulment include:
Void marriages are legally invalid from the outset. Examples: one party already married, close familial relationship, underage parties.
Voidable marriages are those that are valid but have defects. These defects may include lack of consent, mental incapacity, force, infection, non-consummation or more. Often there are time limits on bringing voidable nullity claims.
Nullity applications can be made as soon as the marriage has taken place; you do not need to wait the same minimum time as for divorce. If voidable grounds are invoked, there may be deadlines (e.g. within three years after the marriage or after discovering certain facts).
A central concern in any divorce, annulment (nullity), or judicial separation is how to deal with finances: assets, property, pensions, maintenance, and future financial support.
The legal framework for financial remedies following divorce, separation or nullity is primarily the Matrimonial Causes Act 1973 (as amended), together with the 2020 reforms. These provide courts with powers to make orders about property, lump sums, periodical payments (maintenance), and pensions, to ensure fairness.
Financial orders can include:
Clean Break Order severs all financial connections between both parties. The order includes capital, property, income, savings and pension.
A clean break order is a kind of financial order (or clause within financial orders) which severs ongoing financial obligations between spouses as soon as reasonably possible after divorce, nullity, or judicial separation. It ensures that, from a specified date, neither party can make further claims on the other’s income, property or financial resources. Financial ties such as maintenance or future financial claims are terminated.
Clean Break agreements provide finality and certainty to both parties. This order ensures that future financial claims cannot arise years after the divorce. By establishing clear terms, they also help reduce the long-term legal, emotional, and financial burdens often associated with unresolved matters.
The court is required to consider whether a clean break is appropriate. It is not automatic.
Spousal Maintenance is also known as periodical payments to former spouses. The maintenance refers to ongoing financial support from one spouse to the other after separation, judicial separation, annulment or divorce.
Spousal Maintenance order may be issued during the financial settlement process. It can also be issued after a divorce or nullity order has been granted. It is intended for situations where one party cannot reasonably meet their financial needs on their own. The spousal maintenance agreement ensures fair support and stability following the breakdown of the marriage.
Spousal maintenance might be payable for a set term order, or on a joint lives order (which lasts until death, remarriage, or another defining event). There is also the possibility of capitalisation: that is, paying a lump sum in lieu of ongoing payments.
Spousal maintenance may come to an end under certain events:
One of the most complex areas of divorce or separation involves dividing property, financial assets, pensions, savings, investments, and other wealth.
The court has powers to order transfer or settlement of property; variation of settlements; extinguishment or reduction of interests in settlements (other than pensions in certain cases), all subject to fairness. The concept of fairness is broad. Key precedent cases, such as White v White (2001), emphasise equality as a starting point, but not absolute equality. The court will take into account the contributions of both parties, financial and non-financial.
Pension rights are often among the most significant assets. The law allows for pension sharing orders, so that each spouse can receive a proportion of the other’s pension assets. This is only possible where divorce or nullity has formally ended (or is ending) the marriage; under judicial separation pension sharing is generally not available.
Other assets include savings, investments, business interests, property (family home, second homes), and personal property. These are assessed for their value. The parties must make full financial disclosure to the court. The court will then decide how to divide assets so that the outcome is fair in all circumstances.
Full and frank disclosure of income, capital, debts, pensions, property etc. is essential. Failure to disclose properly can lead to serious legal consequences.
If parties reach agreement on financial settlement, a consent order (financial remedy order by consent) can be drafted and submitted to the court. Once approved, it becomes binding.
If parties cannot agree, the court will decide. This involves hearings, legal representation, evidence, valuation of assets, etc.
At First Law Solicitors, we strive to provide compassionate, expert guidance. In case you are considering divorce, wondering if annulment is applicable, or navigating financial and property issues, our team will assist you in assessing your options, preparing applications, negotiating settlements, and representing your interests in court when required.
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