It is an unfortunate fact that not all marriages are successful. When a relationship breaks down it is not unusual for one or both parties to seek to dissolve the marriage or to obtain a formal decree of judicial separation.
If you are married and want to permanently end your marriage, you should apply for a divorce. If you are in a civil partnership and want to permanently end your civil partnership, you should apply for a dissolution. Both divorce and dissolution are ways to end a legally binding relationship.
A decree of judicial separation is a Court Order, however, legally separated couples will still be married. In judicial separation cases the Court has the same range of powers as it does in divorce cases in terms of dividing assets and arranging child/ren custody and maintenance. The main difference being that unlike divorce or dissolution where a Pension Sharing Order can be made, a Court may only be able to make an Order to offset or make a Pension Attachment Order. If there are children under 18 the Court must be satisfied that proper arrangements are in place.
A fair division of the family assets, including the matrimonial home, has to be worked out. In the majority of cases this is achieved by negotiation between Solicitors and agreement between the parties. We emphasise negotiation and agreement rather than conflict and confrontation in the application of the principles of matrimonial law to the special circumstances of each individual case.
We can also advise in relation to family protection, domestic violence, injunctions, wardships, adoption, contact and childcare protection proceedings.
Our Family Team is based at 2A Broadmark Parade, Rustington, BN16 2NE:
Sharon Lyon – 01903 784447 firstname.lastname@example.org
Tracy Randall-May – 01903 784447 TrandallMay@moyle.co.uk
You can also complete an online enquiry at www.moyle.co.uk