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We and many other companies operating within the realm of family law have been calling for the introduction of no-fault divorce for several years now. Currently, couples that agree to a divorce but that are unwilling or unable to rely on adultery or unreasonable behaviour are required to wait until they have been separated for at least two years – a fact that led the current President of the Family Division of the High Court of England and Wales to claim that the law as it stands ‘leaves people trapped in loveless marriages’.

If you find yourself in this situation, what can you do? Well, luckily, if you want to create a formal agreement regarding your children and assets, you can get what’s called a separation agreement. This, whilst not a court order and therefore not legally binding, does form a contract and can therefore be highly persuasive if either party reneges on it and court proceedings are required.

Separation agreements can be used to address any number of the issues that arise when a marriage comes to an end including the division of property, pensions, savings and residency arrangements for children. Furthermore, any separation agreement produced can be converted into a consent order and made legally binding when you are able to file for a divorce.

Also, whilst you’re waiting until two years have elapsed, you may find yourself refraining from beginning any new relationships for fear that you’ll be committing adultery. Technically, should you have a sexual relationship with someone whilst still married, this would count as adultery, but this doesn’t mean you’ll suffer any legal detriment as a result.

Firstly, in order for any divorce reliant on adultery to be successful, it’s necessary to prove that the adultery in question is the reason why the divorce is being sought and must have taken place before you and your spouse separated as a result. If a separation agreement has been obtained prior to any new relationship commencing then this will serve as proof of the fact that this is not the case.

Ultimately, the most important thing that you can do if you need to wait before applying for a divorce is to accept that your life has changed and to adjust accordingly. Realise that your living arrangements are likely to change; that you and your spouse will need to produce co-parenting schedules; that you’ll be surviving on one income – and embrace them. The sooner you do, the sooner you’ll adapt to your new life and the divorce itself, when you’re able to obtain it, will be little more than a formality.