Alternatives to divorce
=======================



Under English law there are several alternatives to divorce, including separation and separation agreements, post-nuptial agreements, and judicial separation.

Separation and separation agreements
------------------------------------

It is possible to separate from your partner without involving the courts at all. If you simply want to live separate lives, then you can make a [separation agreement](https://vardags.com/law-guide/alternatives-divorce/separation-agreements) for how your assets will be divided.

Such an agreement will not, however, have the benefit of court order disclosure and it may be easier for your partner to hide their true wealth. A separation agreement might also be hard to enforce if your partner does not do this willingly.

If you do separate without a legal divorce, you will not be able to re-marry. It may also have important impact on other legal rights, such as inheritance.

[Click here](https://vardags.com/law-guide/alternatives-divorce/separation-agreements) to read more on separation agreements.

**If you are considering or going through a divorce or would like to explore alternatives, click below for a free initial consultation with one of our expert divorce solicitors.**

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Judicial separation
-------------------

[Judicial separation](https://vardags.com/law-guide/alternatives-divorce/judicial-separation) is an alternative to divorce which does involve the court. It is very rare and is generally used only when both parties have a strong objection to getting divorced, for example for religious reasons.

Under a judicial separation, the court extinguishes obligations between the married parties, but allows them to remain married. This, of course, means that neither can remarry.

Upon judicial separation, the court is entitled to make the full range of financial orders which it can upon divorce.

[Click here](https://vardags.com/law-guide/alternatives-divorce/judicial-separation)to read more on judicial separation.

Annulment
---------

If your marriage is not legally binding or valid, you can ask the court for an [annulment](https://vardags.com/law-guide/alternatives-divorce/annulment-marriage).

Generally, you should apply for an annulment in the first year of marriage, and if there is a delay beyond this then you may be asked to explain the reason for this.

To be eligible for an annulment, you will need to show that the marriage was never legally valid, or it was legally valid but something has made it voidable.

[Click here](https://vardags.com/law-guide/alternatives-divorce/annulment-marriage)to read more on annulments.

Post-nuptial agreements
-----------------------

Under a post-nuptial agreement, spouses can agree a division of their assets without getting divorced. Sometimes this will take effect immediately - with the poorer spouse receiving transfers from the richer - whilst other times it will only take effect if they divorce.

A post-nup will give both parties clarity about their respective rights and what might happen were their relationship to end. Often it will be used by people who are considering divorce but want to work on their relationship with a key understanding of what their financial rights are.

For a post-nuptial agreement to be effective, it is important that is negotiated fairly and with a full understanding of the parties' financial circumstances. To be sure you are getting the right deal, you will need to understand the full extent of your partner's assets and the effect that the agreement will have.



Glossary Reference
------------------

### Judicial separation

A process terminating legal obligations between spouses but not dissolving the marriage.



### Post-nuptial agreements

An agreement that spouses enter into after a marriage, which details terms for how their marital assets will be split in the event of a divorce.



### Separation

The end of a relationship often marked by the couple ceasing to cohabitate. Can be one of the grounds for divorce.



### Separation agreement

An agreement reached by a couple following separation setting out matters including where each party will live, division of the assets, and agreement as to the children matters.







### Annulment of Marriage

---

The key difference between a divorce and an annulment is that a divorce ends a legally valid marriage, while an annulment declares a marriage to have been invalid from the start. Most marriages are legally valid, making divorce proceedings much more common than... [Find out more](https://vardags.com/law-guide/alternatives-divorce/annulment-marriage "Annulment of Marriage")



### Separation Agreements: Key Legal Considerations

---

What is a Separation Agreement? A separation agreement is a contact outlining an agreement between a couple that have separated or are seeking to separate, setting out their affairs post-separation. These agreements typically... [Find out more](https://vardags.com/law-guide/alternatives-divorce/separation-agreements "Separation Agreements: Key Legal Considerations")





### Judicial Separation

---

What is judicial (Legal) separation? Judicial separation allows a couple to legally separate without having divorced, which would legally end their marriage. It is a formal separation that is granted by the courts. Although unusual,... [Find out more](https://vardags.com/law-guide/alternatives-divorce/judicial-separation "Judicial Separation")









The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.



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