Have you ever wondered if divorce is actually necessary? Some married couples split and continue with an amicable relationship and never divorce, but there are legal differences. Fiona Wilson, Head of Family at Lawson West Solicitors, provides insight with a case study example of a letter to and from a client…
Case Study Illustration:
“Dear Fiona
My husband and I have separated. We were married for 10 years and have two small children. We both work, my husband is the much higher earner. We each have our own pensions, though my husband’s is significantly higher than mine. We have agreed that the house will be sold and that the proceeds divided equally between us. The children will be living with me and we have agreed when they see their dad.
My husband and I remain really good friends and I do not want to upset the apple cart. As we have agreed everything is a divorce necessary?
Regards, AB”
Fiona’s Response:
“Dear AB
Many thanks for your communication; this is a question we often get asked.
My role as a solicitor is to give my client options and guide my client. Ultimately, it is the client’s decision as to what steps they take and when.
I – If you decide not to divorce:
Should you decide not to divorce, then your legal relationship remains the same.
There can be Children Act proceedings should there be an issue with the children, in the future.
You would remain each other’s “next of kin” on death and therefore maybe able to take from the deceased’s estate. You may be entitled to various Government benefits on the death of the other.
There are potential complications if you go on to form a new relationship and a child is born of that relationship. That child maybe deemed to be a child of this marriage.
There can not be any financial remedy claims (see below).
II – If you decide to divorce:
This would bring a legal ending to the marriage and absolve you both of the legal duties of marriage.
Children Act proceedings can be issued at any time, if there is an issue in the future.
You are not each others “next of kin” on death. It is likely that any children you have would be come the next of kin.
Financial matters can be resolved by way of court order. This can bring finality to your financial ties.
The court will look at your financial position as it is now.
The court will look at pensions and a Pension Sharing Order can be made
The agreement you have reached will be binding
The court can decide whether the agreement you have reached is fair.
You will be free to remarry in the future.
Commitment to Resolution
Fiona Wilson – I am an Accredited Member of Resolution. We subscribe to their Code of Conduct and will not act in a manner that causes animosity between a divorcing/separating couple. We recognise that divorce and legal proceedings are not right for every couple.
Regards
Fiona
At Lawson West we have a dedicated family law department able to assist you with any relationship issue, please Contact Us on 0116 212 1000.
