Thursday, April 14, 2011

The Alternatives To Divorce

By Clare Westwood


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.

Counselling is often the first resort for couples experiencing problems in their relationship, but ultimately wishing to stay together for themselves or for the sake of their children. Explicitly revealing your bugbears can clear the air and enable changes to be made in the relationship, which could be the key to a long-lasting and happy reconciliation.

If this approach does not appeal to you, a trial separation is a possible alternative, in which you and your partner live apart for a period of time. Some spouses choose to take this time apart to spend some time discovering themselves before returning to the relationship refreshed; others use the trial separation period to make the divorce process easier. After 2 years of living separately, couples can file for divorce without having to prove adultery or unreasonable behaviour.

If you and your partner have decided to separate completely, a separation agreement drafted by a solicitor can formalise the conditions of your separation, such as the division of property and custody of children. The next step is a judicial separation, which can be obtained with court approval, ensuring a fair division of property and responsibilities. This can be preferable to a divorce as pension rights and religious beliefs will not be affected, however the costs are similar to that of divorce.

Financial support is offered by the Child Maintenance Enforcement Commission, formerly the CSA, who have the right to access and collect what it believes appropriate from your partner's earnings for the maintenance and upkeep of children.




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