Here at Higgins Miller we specialise in family law and, amongst other things, that means helping people to handle their divorce. The law around divorce in the UK changed in 2022 to introduce the concept of a no fault divorce. This means that couples no longer have to come up with a reason for divorcing – such as adultery or unreasonable behaviour – and that one party in a relationship can no longer refuse to get divorced if it’s what the other party wants. Instead, a couple just have to state that the relationship has irretrievably broken down and that they wish to get divorced. The same applies to the dissolution of a civil partnership. One of the rules which is still in place regarding divorce is that a couple need to have been married for at least 12 months before they can apply for a divorce.
This means that you can’t actually get a divorce after six months of marriage. If you feel the relationship has come to an end, or that the marriage or civil partnership was a mistake in the first place, then a divorce after six months might seem like the obvious option. If you come to Higgins Miller to ask about divorce after six months, however, we’ll point out that it is not a legal option. We will also, however, explain the alternatives to a divorce after six months of marriage, because we know from experience that people shouldn’t stay together once a relationship has broken down.
The advice which applies to couples wanting to divorce after six months can also apply to those who have cohabited for a period, and, in simple terms, involves working together to come up with an agreement on details such as finances, living arrangements and how looking after any children involved will work in the future. For example, a couple wanting to divorce after six months will need to reach an arrangement on details such as:
- Where any children will live and how often each of the parents will see them
- Where each of the parties seeking a divorce after six months is going to live
- How any money or belongings which are shared by both parties will be divided
Many people seeking a divorce after six months of marriage might assume that they will need to go to court to draw up an agreement on matters such as those detailed above. The truth of the matter, however, is that the experts at Higgins Miller will always advise people wanting to divorce after six months to work together to reach an amicable agreement. Even if the plan to divorce after six months is something both parties agree on, it would still be sensible to talk to a solicitor about any arrangements you come to before signing up to any agreement. Our solicitors know exactly what each party in a marriage is entitled to, and will make sure that the parties have engaged in full financial disclosure, sharing details of all of their finances and listing assets in a clear and transparent manner. Unless disclosure of this kind has taken place a fair agreement can’t be reached, and if the other party discovers that everything wasn’t disclosed at a later date, they may be able to apply to the court to have any agreement you reached ripped up.
The details of any agreement reached when a couple want to divorce after six months will vary from case to case, but any written separation agreement should include details such as the following:
- Both parties agree that they will live apart
- Both parties agree not to harass or threaten their ex-partner
- Both parties agree to an amount of financial support or maintenance to be paid from one to the other
- Both parties agree on the amount of maintenance paid toward the cost of looking after any children
- Both parties agree where the children will live and when and how often they will see the parent they are not living with
A separation agreement of this kind will provide a degree of resolution to make up for the fact that you can’t get a divorce after six months, and will be useful as a foundation when you come to discuss getting a divorce after 12 months, although it won’t be legally binding. Despite the fact that an agreement drawn up when you want to divorce after six months isn’t legally binding, it may still be recognised as a formal agreement by a judge in any future dispute as long as they feel that it is fair, that both parties took legal advice and understood what they were agreeing to and it had been drafted by a qualified solicitor. The agreement will also carry more weight in legal terms if the financial situation of both partners is the same as when the agreement was drawn up.
If couples can’t reach an agreement after seeking a divorce after six months, then we would advise them to seek mediation. This is a process via which a professional mediator will work in an impartial manner to guide both parties toward reaching an agreement. Mediation helps to take the emotion out of the situation, and provides a space in which both parties can calmly explain what they would like to see from any agreement.
If you’d like to find out more about divorce after six months of marriage please call us on 0161 429 7251 or email us at [email protected]. We’ve recently passed our Cyber Essential accreditation, something which demonstrates our forward-thinking attitude and determination to remain ahead of the competition. The first 20-minute appraisal is provided free of charge, and we’ll give you the first appointment for a fixed fee, so you don’t have to worry about how much our advice is going to cost. If you want to explore our wider charging system then please take a look here.