Alternatives to divorce

Are there any alternatives to divorce?

Even if you have decided that your relationship is at an end, you may wonder whether getting divorced or ending your civil partnership is for you.

There may sometimes be other legal alternatives to divorce available to you, such as an annulment (i.e., a nullity of marriage order, which asserts that a marriage is not valid), or a judicial separation (which is a formal legal separation). Both alternative solutions give rise to the same financial claims as divorce (save for pension orders in the case of a judicial separation) but may be more appropriate in the circumstances.

Some people choose to separate but pursue no legal alternatives and, instead, remain legally married.

It is important, however, in all cases to consider whether there are any financial or other implications of changing or not changing your marital status, both during your lifetimes and if one of you was to die while you remain married to each other. 

In the case of divorce, judicial separation or an annulment, it is still possible to record the resolution of any financial issues in a court order. That is not possible, however, if you choose to not get a divorce, annulment or judicial separation. In that case, you may choose to enter into a post-nuptial agreement/separation agreement to record a financial agreement. If done correctly, this can be highly persuasive and upheld if a court is ever asked to consider it, but it is not technically legally binding.

Alternative divorce processes

Sometimes it is not the divorce to which people are seeking an alternative, they may be looking for an alternative process if they perceive that a divorce often involves hostility and interactions with the court system. In that case, it is useful to understand that the divorce proceedings themselves are usually an entirely straightforward, website-based process with no need for anybody to appear in court. It is other (technically separate) sets of proceedings which tend to accompany divorce proceedings, such as financial or sometimes children proceedings, which can be more difficult to resolve.  

Nonetheless, there are alternative processes available including mediation, collaborative law, arbitration, and Withers' own Uncouple service. Uncouple allows both members of a couple to use a single legal team and work together to get all financial and children matters arising on divorce or separation sorted.