Typically in such situations, I gather information from clients about their circumstances and attempt to determine whether separation has taken place and if so, when. Assuming that they or their spouse wish the separation to be permanent, I then tend to go through possible outcomes and suggest that we attempt to resolve the issues arising from their separation as quickly and amicably as possible.
Where agreement can be reached, the terms are usually documented in a formal contract that is signed by both spouses. These agreements are known as Separation Agreements and they normally resolve all legal matters arising between the couple as a result of their separation, other than the fact that they are married. There can be a variety of reasons for such clients wishing to remain married after signing a separation agreement. Equally, there can be a number of reasons for others wishing to divorce.
Common reasons for wanting to divorce include one or both spouses wishing to marry a new partner; one or both spouses wishing to prevent the other from benefitting financially on the death of the other (the surviving spouse may be entitled to receive pension benefits or death-in-service benefits in some circumstances); and one or both spouses wishing ‘closure’ or an end to the failed marriage. It is also possible that there may be financial incentives to divorce. This is the case where the spouses have agreed to enter into a pension sharing arrangement. Pension sharing can only be implemented after divorce.
I would be surprised if the possibility of increased car insurance premiums alone was to discourage clients from changing their status from married to divorced but following this recent publicity it may be one factor to be taken into account.
