A married couple who had a long marriage of 29 years separated. The wife required legal advice after receiving correspondence from the husband’s solicitor. There were 3 children of the marriage, all of whom were aged under 18 years old. Following an exchange of correspondence, the husband issued a ‘fault-ground’ divorce petition against the wife, citing unreasonable on the part of his wife. The wife was very distressed on reading the contents of the petition and took issue with much of what had been completed.
There were 2 properties in the marriage and the couple had good jobs with comparable salaries. Each held a pension through their employment. The parties had been separated for approximately one year when legal representatives were instructed. In order to try to take the animosity out of the separation it was agreed that the divorce proceedings would be paused to see if a financial settlement could be negotiated. A financial settlement was reached that both parties were happy with and legal representatives drafted a matrimonial agreement which was signed by both parties. The parties were advised to conclude their divorce by proceeding on the basis of two years’ separation with consent instead of on the ‘fault-ground’. This was included as a term within the agreement. Proceeding on this basis enabled both clients to save money and also assisted with making the split much more amicable which ultimately benefitted the children as the parties were able to put the best interests of the children above all other considerations and successful co-parent the children.
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