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Our Trial Separation Is Leading To Divorce, What Can I Do?

Date: April 4th, 2014 - Written by: Brookman Solicitors

Trial SeparationClient Question:

My husband and I split up a month ago as a trial separation to see if we could work things out. However, I have now learned that he has filed for divorce which is absolutely not what I want. I have tried to discuss this with him and want us to seek marriage counselling. Is there anything I can do to delay the divorce so we have some time to see if there is a way to mend the relationship?


Brookman’s Answer:

If your husband has started divorce proceedings, he should serve the Petition on you.  You would then file an Acknowledgement of Service form, confirming whether or not you agree to the divorce.  If you do not agree to divorce, then you will have to give your reasons and file an Answer.

This will all buy time for you to try to discuss mediation or counselling etc.  Ultimately, though if you are solely defending the divorce on the basis that you do not want the divorce, then you would not be advised to proceed to trial defending it, because it is more than likely that a Judge will grant a divorce in any event, and you will be at risk of costs.

Read more on our divorce law pages and our mediation page.

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Wim Jansen 24/06/2020

I contacted Brookman to ask for information regarding the validity of an international divorce court ruling. They were very quick in providing me with the right information. When I had another question a few months later around children matters I phoned them again and after taking some background information and contact details they booked me in for a free telephone consultation with 1 of their partners Talitha Brookman. She spent half an hour of her time explaining to me what I could expect and provided legal advice. All was free of charge. I would not hesitate to contact them again should any matter become more formal and have to go through court. The service has been quick, professional and very friendly.

Rebecca Brown 01/06/2020

Highly recommend this firm. Having searched around different firms for advice for some time, I had a free consultation with Henry Brookman. He was incredibly knowledgeable about my complex situation, gave straightforward advice and empowered me to understand exactly how I need to proceed.

Nik Carter 10/05/2020

I recently had a free initial consultation with Henry Brookman via video conference. He was considered and meticulous in his approach and gave me well thought through advice. He followed this up with a letter in writing summarising the advice he gave me. I would thoroughly recommend his services to anyone looking for legal representation in a divorce.

Sarah Jones 02/05/2020

Henry was extremely helpful and pleasant to speak with. He provided comprehensive advice in a matter of hours and responded promptly to any queries I had. I would highly recommend speaking with him.

Shazan Awam 19/04/2020

Very helpful and thorough advice. Highly Recommend!