Divorce & Separation

Divorce

When a relationship breaks down, couples can find themselves having to battle a mixture of emotion, uncertainty, stress and confusion and deciding to get a divorce is often the first of many decisions you will have to make.

Our experts will support you throughout the process and advise you to ensure the best outcome for you and your family. At Cramp & Mullaney, we understand that every situation has a different set of circumstances and priorities, so our advice is tailored to suit you and help to keep the process as straightforward as possible. We will be as open and transparent as we can when it comes to the timescales and costs involved.

We support and encourage the use of collaborative law and/or mediation where the relationship has become acrimonious or hostile, especially where children are involved as this often helps to open lines of communication and reduce the stress on both sides.

Equally, if the relationship breakdown is beyond this, our solicitors will at your request, engage directly with the other party and act on your behalf throughout discussions. Our aim is to make this as painless and stress free as possible, putting the needs of you and your family first and achieving the right outcome for all involved.

Separation Agreements

When a relationship breaks down, it doesn’t always have to be final and result in a divorce. Many couples choose to go down the road of a trial separation to give both parties time to think about whether they are certain they want to close the door on any reconciliation. Entering into a legal separation agreement can offer some reassurances when it comes to matters of finance and/or children and allows both parties the time and space to reflect on what is important moving forward.

Collaborative Law

Collaborative law can be a positive alternative for many couples who want to avoid going to court but still require legal representation. Both parties sign an agreement in advance agreeing not to take matters to court and they and their representatives meet in a face to face meeting to work things out. The process is not only less expensive, but is also more flexible as any timetable is not imposed by the courts and when both parties are committed to resolving things, can help to reduce the stress and conflict.

The collaborative process is designed to help couples reach agreements together rather than trusting the courts to make the decisions for them. If you want to explore this as a possible option, our experts are here to help answer your questions and talk through the pros and cons of collaborative law to make sure you make the right decision for you.

No Fault Divorce

Although the breakdown of a relationship is never easy, it doesn’t necessarily mean that one person is to blame. Often relationships can breakdown for many reasons resulting in the decision to separate amicably and without hostility.

The no-fault divorce law came in to play in April 2022 and allows couple to take a more constructive and blameless approach to separating by completing a statement citing irretrievable differences. The timescales for completion are around 6 months but as always there are factors which could impact on this. 

The process for a no fault divorce is intended to be far more straightforward and reduce conflict, however, our team are always on hand to help and guide you with whatever help you need.

Annulment

Unlike a divorce, annulment is a term used when a marriage is void or voidable. For a marriage to be void, you must show that it was never legally valid when entered into which could be down to the age of one of the parties being under 16, evidence that one or other are already legally married or in a civil partnership or it is shown that both parties are closely related.

In order to declare the marriage voidable, it must be proven that one of the parties entered into the agreement without proper consent. This could be due to being under the influence of drugs or alcohol, through intimidation or manipulation or because the marriage has not been consummated due to refusal or inability. Annulment is a legal proceeding which puts both parties back into the position prior to marriage by way of a decree of nullity.

If you have any questions regarding obtaining an annulment, please call our expert solicitors who will be only to happy to help answer these.