No. You have other
options if you are unsure whether you want to end your marriage.
What are my other options?
options are as follows:
This is where you and
your spouse agree to separate and agree what financial arrangements will be put
in place during your separation.
documented in a separation agreement
This is an agreement
drawn up by solicitors and sets out agreed financial arrangements
for the separation period.
The agreement would
usually set out how you would like your finances to be divided should you
subsequently decide to divorce. If you do decide to divorce, the court is not
obliged to follow the terms of the agreement, but the court would take into
This is a formal
separation and is recognised by the court. A petition for judicial separation
is submitted to the court based on one of the same five facts as divorce. It
is different to divorce however as you do not have to prove that the marriage
has irretrievably broken down.
A decree of judicial
separation does not end the marriage. The court cannot make orders in relation
to pension sharing but it can make most other financial orders that are made on
divorce. A decree of judicial separation removes the obligation on both you and
your spouse to remain living together.
judicial separation may arise where there are strong cultural or religious
reasons for not wishing to divorce. Otherwise they are very rare.
Alex Davies is the head of family law at Cripps of Kent and London. You can view his profile at http://www.cripps.co.uk/profile/alex-davies/ or contact him on +44 (0)1892 506326. Emma Clements is a trainee solicitor in the family team at Cripps. You can view her profile at http://www.cripps.co.uk/profile/emma-clements/