Fact sheets

There are three ways in which a married couple can legally separate from each other. The first and most common, is to ask the Court for a Decree of Divorce. The second is to ask the Court for a Decree of Nullity and the third is to ask the Court for a Decree of Judicial Separation. These are known as Matrimonial Causes or Matrimonial Orders.

If your relationship with your civil partner has come to an end and you wish to legally separate, you can do this by obtaining a Civil Partnership Order from the Court.

There are three ways in which civil partners can legally separate from each other. The first is by obtaining a Decree of Dissolution (this is the same as a Decree Absolute) which will dissolve your partnership in law.  The second is by obtaining a Nullity Order (this is the same as a Decree of Nullity) which will apply if your partnership is void or voidable.  The third is by obtaining a Separation Order (this is the same as a Judicial Separation) which formally records the fact that you have separated but does not dissolve your partnership in law.

Following the breakdown of your relationship, you may decide that you wish to return or move to another country and for the children to come with you.

There are three ways in which a married couple can legally separate from each other. The first, and most common, is to ask the Court for a Decree of Divorce. The second is to ask the Court for a Decree of Nullity and the third is to ask the Court for a Decree of Judicial Separation. These are known as Matrimonial Causes or Matrimonial Orders.

On a divorce, all property owned by either party, either solely or jointly, is relevant. This does not mean that each and every item will be sold and divided but it does mean that each party has a duty to give a full and honest picture of his or her financial circumstances.

You may be one of the one in seven couples experiencing fertility difficulties and want to find out about other ways of becoming a parent. Or, perhaps you are a same sex couple wishing to have a child together. Perhaps you are a woman wishing to have a child on your own.

It has long been established that where a couple has separated or is about to separate every encouragement should be given to them to reach agreement with regard to their financial affairs.

Separation agreements can cover certain specific issues only (for example maintenance) or they can be comprehensive and provide for full division/distribution of the available assets, as would occur on a divorce.

What is the collaborative process?

This is a process in which you and your partner, if you are contemplating a divorce or a separation commit to, with the assistance of your lawyers, with the aim of resolving matters between you, without involving the Court.

Most people going through a divorce or separation would rather avoid having to go to Court, if possible. Mediators are trained to help people resolve disputes. A mediator will meet with you and your partner (this can be separately) and will identify those issues you cannot agree on and help you to try and reach a solution. Mediators are impartial/neutral and will not take sides in a dispute. They are not advisers and will not give advice on your individual position to either of you and will usually recommend that you each obtain legal advice alongside the mediation process.

There is no clear legal status of 'cohabitants'. This area of law has always generated a considerable amount of discussion, particularly in the wake of the Civil Partnership Act.

Care proceedings are situations where the Local Authority (Social Services) has concerns about the child's welfare to such an extent that Social Services wish to intervene.

A Special Guardianship Order (SGO) may be appropriate for children who do not want to be legally separated from their birth family, but would benefit from greater legal security and permanence in thier new home.

Parental Responsibility is the legal term which describes all the rights and responsibilities which a parent has for their child.

Once a relatively rare occurrence, an increase in mixed nationality marriages, increasing relationship breakdown rates, changes in immigration laws and cheap foreign travel have seen a rise in international child abduction.

Adoption removes Parental Responsibility (PR) from the birth parents and gives it to the new or adoptive parents.

Surrogacy is when a woman (the surrogate mother) agrees to bear a child (the intended parent) and surrender it at birth. There are two types of surrogacy.

Michelmores Family Law Service recognises that the decision to take action against domestic abuse can be a difficult one. We also know that understanding your legal rights is an important step towards protecting yourself and your family.

This information applies to both heterosexual and same sex couples. The main fact to consider is that you are not married or in a civil partnership. If you are, please go to our Factsheet: 'Money following divorce'.