Alternatives To Divorce

Divorce is full of complications and stresses

, as well as being a costly and time-consuming process, hence why nowadays many couples are seeking unconventional alternatives rather than pursuing a final divorce.

For relationships that are under stress or going through a bad patch, often the first option for couples who wish to stay together is counselling. Discussing your problems honestly and openly could be beneficial in changing the dynamics of a relationship, which could eventually revitalise the connection between you and your partner and lead to reconciliation.

A feasible alternative to counselling is a trial separation, in which both partners will live separately for a fixed amount of time. This could allow some of the tensions between spouses to dissipate, but it is not always successful as the issues in a relationship are ignored rather than properly resolved. However, a trail separation does make the divorce process easier, as a court can see that the relationship is unworkable. Couples have the benefit of applying for divorce without the burden of proof of adultery or unreasonable behaviour after 2 years of residing apart.

A separation agreement drawn up by a solicitor, which divides property and formalises the arrangements for childcare, is the next step towards a formal separation. To ensure that this agreement is monitored and cannot be changed, a judicial separation can be approved in court. This guarantees a fair distribution of property such as houses and vehicles, and responsibilities like children and pets. A judicial separation is often seen as a preferable alternative to divorce which can sometimes strip one half of the couple of pension rights. It is also popular with individuals who do not wish to divorce due to religious beliefs.

Extra protection of finances may need to be ensured before divorce, such as child maintenance payments. Your claim can be assessed and collected by the government agency the Child Maintenance Enforcement Commission (previously the CSA), who will determine the correct sum needed to support the children.

by: Katie Clayton

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