What are the alternatives to divorce?

Divorce proceedings may be expensive and very time consuming. The concept of divorce is commonly against many moral and religious views, so many spouses now seek other alternatives to divorce.

The most favoured concept is the informal separation approach. This is not legally governed and is entirely in the hands of the husband and wife. Informal separation would mean that the spouses stop living together and this is a generally favoured family law alternative because it involves no legal costs. However, an informal separation bears many risks. The most obvious is the lack of the certainty concerning financial matters. One partner is not legally bound to provide funding to another, and that can hinder progress if that partner is reliant upon financial aid.

It is therefore very familiar for some spouses to gain legal help from specialist separation solicitors. The specialist separation solicitor can provide you with a written agreement allowing you to formally plan your separation, providing you with a document that state exactly how issues such as property and child care should be divided. This would be a lot cheaper than a divorce proceeding and ensure that the promises created between a married couple are kept.

However neither of these separation arrangements will bring a marriage to an end; therefore neither spouse is able to re-marry. In addition, the formal separation agreement is not legally binding and so the courts can set this document aside if a divorce proceeding should later be taken. So, as with any family law alternative, it may not be a suitable option for everyone.

A judicial separation is another alternative to a divorce and will provide a formal acknowledgment that the spouses are living apart. This alternative allows a remedy for anyone who is morally or religiously against a divorce. A judicial separation allows all issues of finance and children to be formally agreed upon therefore overcoming any reluctance from the second party. A specialist judicial separation solicitor will be critical as the same aspects as divorce will have to be proven.

Judicial separation will not end a marriage; however, if you are the party that does not want a divorce, this declaration can lead to a divorce by the other party.
Contact Law can transfer you to your local specialist separation solicitor or judicial separation solicitor free of charge.

So if you have any questions about family law alternatives to divorce, or any particular family law alternative, and would like our help in finding local separation solicitors please call us at 0800 1777 162 or complete the web-form above.

Last Updated on 23/03/2010