Should I Go For A Divorce Once The 4 Years Is Up?

[meathman2014]

I have a slightly unusual family law query. I am separated / living apart for almost 4 years, with maintenance / PAO/ former family home/ child access sorted in a judicial separation by consent 2 years ago. I am considering proceeding to a divorce. I am not in a relationship, and am not currently seeking to remarry, although obviously I don't know what the future may hold. I just want to "complete things", and have the potential option of remarriage should I meet someone in the future etc

Question (1)- other than the right to remarry, does divorce change anything else, vis a vis just being judicially separated? My understanding is that in addition to the right to remarry, I cannot transfer assets between myself and my ex-wife tax free, and my ex-wife is not entitled to any residual on my death in payment spouses pension (other than what the PAO currently entitles her to, which has a non-adjustment order). However, I can't of any other ways it changes things. Am I missing something?

Question (2)- My understanding is that if a judicial separation by consent is made relatively recently, and the parties circumstances have not changed, then the courts are unlikely to attempt to alter the pre-existing agreement. Also,the judicial separation by consent states that the terms for separation will be the same terms for divorce. I don't know how if the persuasive effect of this clause if any diminishes with the passage of time.

Thus, bearing in mind all of the above, is it advisable to proceed to a divorce once the 4 years living apart is up just to get it "out of the way"/ minimise any risk of changing the current terms , or should I just sit on the fence, and then only look for a divorce in x years time if the issue of remarriage actually becomes relevant ?

Thanks in advance for any help with this long and rambling post!

 

[Brendan Burgess]

I have come across a few cases recently where the separation was relatively amicable. As neither were in new relationships, they didn't bother getting around to the formal divorce. However, by the time they did want a divorce, they were no longer on amicable terms, so the big winners again were the legal profession.

If you are getting on well and both agree, then get your divorce.

Brendan

 

[Eithneangela]

Absolutely go for divorce - it's the final stage in the process which you have successfully gone through so far. It's an important definition of current status for both parties - anything else is living in Limbo. Legal status of all matters relating to the previous marriage are clarified - very important for moving forward.

 

[Branz]

Not an expert here, just my own experiences.
The current divorce law allows either party come back to the well at any time: the original law, which I availed of, allowed the door be shut tight, but it got changed.

Therefore, maybe the existing paperwork you have may give you more security in that arena.
Maybe not.
I don't know how enforceable the paper work you have is, but the divorce rules leave the revisit door open, it cannot be "legaled" out.

 

[so-crates]

Is there an good reason not to? One thing that might be a good idea is to make it clear to your ex you intend to apply for divorce as soon as possible, that way it doesn't come out of the blue. Also, waiting until you are in a new relationship may be the worst thing, divorce is about the break down of your relationship with your wife not about the emergence of any new love.

 

[meathman2014]

Thanks everyone for their very helpful posts. I suppose my question is that if you are in "close proximity" to a previous legal separation agreement, does it lessen the chances of the agreement being unpicked, or conversely if you are it quite some remove from the marriage breakdown and kids are older, does it lessen the chances of the agreement being unpicked?