Legal - a guide to a good divorce

A Guide to a ‘Good’ Divorce’

Amanda Maruca, Partner at Spire Solicitors LLP, advises couples going through lockdown break-ups

Since the first lockdown in 2020, couples and families have spent more time together than usual. In many cases, this has been a catalyst for break-ups already on the cards, especially if normally separate routines masked problems. Lawyers often talk about ‘divorce day’ in January, but this year has been different due to the pressures and stresses of Covid-19. While troubled couples may have tried to stand together to offer support with homeschooling at the start of the year, the reality is that proximity exacerbates tensions, and with children now back at school lots of couples are seeing this as the right time to start the divorce process. Currently, there are only three grounds for divorce: the marriage has broken down irretrievably through adultery, unreasonable behaviour, or desertion; two years of separation, where both parties agree to divorce; and five years of separation, where the consent of the other party is not required. Couples seeking a no-fault divorce will have to wait until Autumn 2021, and under the new legislation couples can make joint divorce applications, alongside the current option for one party to initiate the process. Meanwhile, it is vital that couples receive the support they need to navigate the process and help them avoid a recriminatory approach — even more important when children are involved. So, what can you do to achieve a ‘Good Divorce’? • Communication – sit down and talk to your spouse, if safe to do so, or with the help of a mediator or counsellor. • Support – talking to family or friends, or a counsellor, about how you feel. • Choose a process that supports your goals – the court process may result in more conflict in the future. • Advice – meet with a solicitor who is a member of Resolution. They can advise on your options, assist in the negotiation of your settlement and draft documents to record your agreement. An independent financial adviser can also look at your options for perhaps raising a mortgage, investing a lump sum to produce replacement income for the future and on pension sharing — very often a feature of many divorce settlements. Divorce can be hard and stressful, and particularly so in the current crisis. But it serves a crucial role in allowing people to move on from unhappy and unhealthy relationships, and can offer a new beginning and increased happiness.