Applying for Legal Separation in Wales: What You Need to Know
As the new year begins, divorce rates tend to increase after the holidays. Whether it’s the stress of Christmas, financial fallout, or simply a desire for a fresh start, the process of ending a marriage or civil partnership can be emotionally taxing. Fortunately, there are government rules and regulations in place to guide individuals through the necessary steps.
January is often referred to as ‘divorce month’, with the first Monday after January 1 being the day when most divorces are filed. Despite this trend, there has been a significant decrease in the number of divorces, according to the latest data from the Office for National Statistics, with the lowest number recorded since 1971.
If you or a loved one are considering legal separation, here is everything you need to know about the process and requirements. Before beginning the application, there are key decisions to make. You must determine whether to apply jointly with your spouse or individually, based on factors such as mutual agreement on the separation and absence of domestic abuse.
For those opting for a sole application, scenarios where the spouse does not agree on the separation or is uncooperative are common. It is essential to have a support system in place, considering the potential impact on mental health and wellbeing throughout the process.
The first step in applying for legal separation is to complete a judicial separation application form and submit it along with a certified copy of the marriage or civil partnership certificate. The cost for obtaining a legal separation is £402, but fee assistance may be available for those on benefits or with low income.
In cases involving children, reaching agreements on living arrangements, parenting time, and financial support can help avoid court hearings. However, if disagreements persist, court intervention may be necessary. It is crucial to explore mediation options before resorting to legal proceedings, except in cases involving domestic abuse or social services.
After submitting the application, the court will review the details to ensure compliance with time limits and other legal requirements. Once approved, both parties will receive copies of the final order or decree absolute, marking the formal end of the marriage or civil partnership.
In conclusion, while legal separation can be challenging, understanding the process and seeking the necessary support can help navigate this transitional period successfully. By following the outlined steps and requirements, individuals in Wales can approach the end of a marriage or civil partnership with clarity and guidance.