“Me and my partner have decided to get Divorced and have made agreements how we will divide everything up, including time with our Children. What would you suggest I do next?”
First of all it’s important to remember decisions made at the beginning of the separation and divorce process can and will likely change over time. Agreements made face to face or via messages may not be honoured later down the line.
Some couples are able to separate amicably with no confrontation and wish to maintain on good terms. It’s important though to remember that you do need a reason to divorce.
To divorce your partner, one of you will apply for the divorce and are known as the Petitioner. The other will become the Respondent.
Without a period of separation, the divorce must be because the Respondent has either committed adultery or demonstrated unreasonable behaviour. Alternatively, the couple must rely on the fact that they have been separated for 2 years (providing both people agree to the divorce), or for five years (if they don’t both agree).
When you complete your divorce papers, if you do not fully and convincingly explain why you are filing for divorce it may be rejected, costing you time and often money.
Hiring a Solicitor will ensure this doesn’t happen. A Solicitor can also make sure that the agreements reached between you and your ex-partner are legally binding. This is particularly important when children and/or assets are involved. This will ensure you, your children and your possessions are protected, and avoids any disagreements later down the line such as your partner trying to make a financial claim against you in the future.
I would suggest discussing your situation with a divorce specialist, preferably one who specialises in matters involving children and money issues. Most law firms offer free initial consultations. With your solicitor, you can discuss your finances, and your children arrangements and receive advice on what is best for you. Once you have applied for divorce, your solicitor can help create a binding financial and children agreement with your ex-partner, ensuring you are protected in any end to the marriage in a hassle free and inexpensive way.
And, if the worst happens and any agreement between you and your ex-partner breaks down, you will have a solicitor to help you fight for what you’re entitled to and protect what is best for your children.
Answered by John Clegg, Partner & Divorce Solicitor
If you would like to submit a question to for one of our legal experts to answer, please email ross.holliday@howellsllp.com
If you would like to keep up to date with the news from Howells Solicitors, receive exclusive offers and free legal advice, sign to our mailing list here.
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent. Read More
This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
Cookie
Duration
Description
cookielawinfo-checkbox-analytics
11 months
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional
11 months
The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary
11 months
This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others
11 months
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance
11 months
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy
11 months
The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.