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It is no longer possible to defend or stop an application for divorce or dissolution, unless there is an argument that the issuing Court does not have jurisdiction to hear the case, there is a dispute about the validity of the marriage, or where the marriage has already been legally ended. Otherwise, provided the Applicant has provided their statement to confirm that the relationship has irretrievably broken down and provided that they have complied with the legal requirements in the application process, a final order will normally be granted. If you wish to discuss a divorce/dissolution application, or if you are the Respondent in divorce/dissolution proceedings and you want some legal advice or assistance, please telephone 01928 735333 and ask to speak with the Family Department.

Judicial Separation is a Court process which legally formalises your separation, but does not affect the legality of your relationship so you remain legally married/in a civil partnership. It is still possible to resolve some financial matters within judicial separation proceedings but there are some key differences between judicial separation and divorce/dissolution, and expert legal guidance would be needed before choosing this option. To obtain advice from Rowlinsons, please telephone 01928 735 333 and ask to speak with the family department.

A Separation Agreement is a formal document, in the format of a Deed, that you and your spouse/civil partner can enter into to set out the circumstances of the separation. Again, this agreement does not legally end the marriage/civil partnership, and divorce/ dissolution proceedings would still need to be issued if you later decided you wanted to legally end the relationship. The agreement can be useful for couples who are unable to petition for a divorce/dissolution at the time of separation, or who do not wish to straight away, for example if they have not lived separately for two years and none of the fault facts of either adultery or unreasonable behaviour apply. It is important to be aware that a Deed of Separation Agreement is not 100% binding and cannot prevent the Court from making such financial orders as it sees fit in any later divorce/dissolution proceedings. The Court in those proceedings could decide that the terms of the Agreement should be upheld in full or in part. Alternatively, the Court could decide due to a number of factors that the agreement is not binding, and the Court could make such financial Orders as it sees fit. Due to these factors, it is important to take independent legal advice about the terms and effect of a separation agreement before deciding to pursue this route. To obtain advice from Rowlinsons, please telephone 01928 735 333 and ask to speak with the family department.

The Financial Dispute Resolution Hearing, or FDR is a hearing that takes place in financial settlement proceedings between a married couple, or a couple in a civil partnership. At this hearing, both parties are encouraged to spend time at Court negotiating a financial settlement if possible. The Court will look at the information and evidence and will try and help you both negotiate an agreement by giving an indication of what types of orders it considers suitable. If you have been ordered to attend an FDR hearing, or if you need any further information about financial settlement proceedings, please telephone Rowlinsons Solicitors on 01928 735 333 and ask to speak with the family department.