46 T e Modern Family Family fi nance & legal


Sorting through stress-free separations


When divorce isn’t an option, whether due to time restrictions or religious beliefs, and you don’t meet the criteria for an annulment, a Decree of Judicial Separation may be your only option. Words: Mattie Lacey-Davidson


able to get a divorce. Within the fi rst year of marriage, you can’t legally end your partnership — an annulment is your only option, but only if it’s legally ‘void’ or ‘voidable’. Most people don’t go seeking


I


legal counsel unaware of this, but according to James Maguire, managing director of Maguire Family Law, it does happen from time to time. “T anks to Google, most people


realise that in order to obtain a divorce, they must have been married for at least one full year before starting legal proceedings. However, we still do take calls from potential clients who simply hadn’t realised that was the case. “It’s always quite diffi cult


to explain to somebody that we can’t help them to legally separate from their spouse as quickly as they would like. Also, an annulment is a more diffi cult


t’s no secret that divorces aren’t easy. T ey can be time consuming, expensive, emotional — and that’s if you’re


and potentially signifi cantly more expensive route than divorce, and for many people it simply makes no sense to choose that process over divorce for the sake of waiting for a full year to elapse.” When a married couple separates


and would like to divide their assets but don’t wish to go through the divorce process, they can apply for a legal separation — formally known as a ‘Decree of Judicial Separation’ — at any timeframe after marrying. Tom Brownrigg, from London


solicitors Goodman Ray, says: “In my experience, judicial separation can


It’s always quite diffi cult to explain to somebody that we can’t help them


to legally separate from their spouse as quickly as they would like


suit those individuals who don’t want to be associated with the stigma attached to a divorce, but no longer wish to live together. T ese can be older couples, or couples whose religion or community stigmatises divorce. “T ere may also be fi nancial


reasons for not wanting to be formally divorced, such as a widow’s pension or the terms of a trust or fi nancial benefi t. Elderly individuals whose marriage has broken down after a long union may want to remain married to ensure they continue to receive certain pension rights. Individuals should, however, be wary that any legacy left in a will to a spouse who they’ve judicially separated from will fail unless a new will is prepared after the decree.” Some couples choose a legal


separation when a divorce seems like too large a step at that moment in time, or if there’s still hope of reconciliation. It’s possible to convert a legal separation into a divorce at a later stage provided the correct legal processes are followed.


Relationship problems PHOTOGRAPH: GETTY ANNULMENT LIMITATIONS


YOUR MARRIAGE IS LEGALLY ‘VOID’ IF: • you’re closely related to the person you married


• one or both of you were under 16 • one of you was already married or in a civil partnership


• If a marriage was never legally valid, the law says it never existed. However, you may need legal paper- work (a ‘decree of nullity’) to prove this — for example, if you want to get married again.


YOUR MARRIAGE IS ‘VOIDABLE’ IF: • it wasn’t consummated — you haven’t had sexual intercourse with the person you married since


the wedding (doesn’t apply for same-sex couples)


• you didn’t properly consent to the marriage— for example you were forced into it


• the other person had a sexually transmitted disease (STD) when you got married


• the woman was pregnant by another man when you got married


• one spouse is in the process of transitioning to a different gender


The rules on ending a civil partner- ship are slightly different, but the court forms are the same. More info is available at gov.co.uk


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