Delaying a separation divorce until the court has considered the respondent’s finances

As explained in this post, it is possible for a respondent to a divorce based upon five years’ separation to ask the court to dismiss the divorce, on the ground that the dissolution of the marriage will result in grave financial or other hardship to them, and that it would in all the circumstances be wrong to dissolve the marriage.

There is another option available to respondents to a divorce based upon either two years’ separation and consent or five years’ separation: they may ask the court to delay the finalisation of the divorce until it has considered their financial position as it will be after the divorce.

Upon hearing such an application the court must consider all of the circumstances of the case and will not make the decree absolute, finalising the divorce, unless it is satisfied that the petitioner should not be required to make any financial provision for the respondent, or that the financial provision made by the petitioner for the respondent is reasonable and fair, or the best that can be made in the circumstances.

Note that the court may if it thinks fit makes the decree absolute notwithstanding the above, if it appears that there are circumstances making it desirable that the decree should be made absolute without delay, and the court has obtained a satisfactory undertaking from the petitioner that they will make such financial provision for the respondent as the court may approve.

For more information about the ground for divorce, see this post.

If you would like advice as to how the above may apply to your case, Family Law Café can help you find this. To contact us click the Contact link above and fill in the form, or call us on 020 3904 0506.

Image: Delayed, by Jordlet, licensed under CC BY 2.0.