The ending of a marriage or civil partnership can be an emotionally difficult time and the next steps are often unclear.

Many people are able to take the first step to separate, but the uncertainty of a divorce can stop them at that point.

It is worth understanding how a divorce may work and why it is valuable so that you can make the right decision for you.

Is it better to get a divorce than just be separated?

While separation is easy from a legal perspective, there can be a lot of emotional and financial ties that complicate things.

Divorce serves to sever the legal and financial ties you share with your ex, ensuring you are free to continue the rest of your life as an independent adult.

You will be able to remarry or enter a new civil partnership and your estate will be protected even if you do not have a Will.

Without getting divorced, your ex will be entitled to the first £322,000 of the estate and half of the remaining amount thereafter when you die.

This is the rule of intestacy and only by writing a new, valid Will or getting divorced can you exclude your ex from your inheritance.

Are divorces always difficult?

The ease of a divorce largely depends on the people undergoing it.

This might be a relief if you feel that you and your ex can resolve things amicably, but less so if communication has broken down.

A court does not look to decide a winner or loser, but will instead focus on finding a fair split for both parties.

This means they will consider a series of factors, including:

· Children’s welfare

· Financial contributions

· Assets and property owned prior to the marriage

· Needs and earning potential

· Age and health of each party

· Standard of living during the marriage

If your ex is so difficult that they will likely not even respond to the divorce papers, this does not mean you are stuck being legally bound to them.

When filing for a divorce, you need to show the court that you have taken all reasonable steps to inform your ex.

They will be sent the divorce application alongside the login details for the online portal that is used to manage divorce proceedings.

They are supposed to complete an Acknowledgement of Service within 14 days and this is something they may refuse to do.

You are only expected to do so much and the court knows that some people can be challenging to contact.

Evidence that you have tried to reach out can include:

Your evidence may include:

· Text messages

· Emails

· Delivery confirmation

· Proof they have accessed the online portal

You are at liberty to try accessing them at work, where they are more likely to be publicly witnessed receiving notification, or through social media, where read receipts can add to evidence.

Even if they entirely ignore you, a court can grant dispensed service and remove the requirement to serve papers entirely.

Getting legal help in this process is important, as you will need to know that you are meeting all of your responsibilities while preserving your own legal rights.

At Palmers, we are working to support the Essex community to make the decisions that help them live their lives to the fullest.

Sometimes, this can involve getting a divorce to clear the way legally and financially for whatever the future holds.

Our expert team can offer you tailored, compassionate support at every stage of the divorce proceedings, keeping you confident and comfortable until that Final Order is in your hands. Speak to our team today to take the fear out of getting divorced.