Divorce Due to Abandonment or Desertion

It can be hard to come to terms with a marriage breakdown when a husband or wife deserts you or leaves a marriage unexpectedly without any obvious reason. When you have been abandoned it can make it harder to sort out a divorce or to obtain a financial order.

In this article, our family law solicitors highlight the issues that may arise in divorce, child arrangement order applications, and financial settlement proceedings where one spouse has been abandoned.

Initial Discussion

This summary provides general information and does not constitute legal advice on any individual circumstances.

For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.

No-fault Divorce

With the introduction of no-fault divorce, you no longer have to prove that your husband or wife has deserted you to get a divorce. You can file a divorce application stating that the marriage has irretrievably broken down without needing to explain why.

If you do not have a current address for your husband or wife then that can add to the complexity of no-fault divorce proceedings as papers will need to be served on them. Our experienced divorce law solicitors can explain your options as there are many occasions where a divorce applicant does not know where their spouse is living.

Just because a husband or wife has abandoned you it does not mean you cannot take start divorce proceedings against them.

Divorce, Children, and Abandonment

One of the worst things about being deserted is trying to explain to your children why the other parent is no longer around and coping with their distress at the loss of a parent. It is equally hard if the parent then resurfaces wanting contact with the children as if they had never disappeared. They may blame you if the children are reluctant to see them or if you are sceptical that they will abandon the children again after they stop regular child contact visits.

Your ex-husband or wife may apply for a child arrangements order so they can have contact with the children. You may need to apply for a child arrangements order to record that the children live with you and to set out how contact is to be reintroduced gradually, going at the pace of your child.

Financial Settlements and Abandonment

If your husband or wife has left, you are likely to need urgent legal advice on your options. You may think that the best option is to leave financial matters until your husband or wife decides that they want to sort things out. That may not be in your interests as if your pension or property increases in value, or you receive an inheritance, then the delay in sorting out a financial settlement may cost you more in the long run.

You can apply to a family court for a financial order even if your husband or wife has deserted you or even if they do not want to play a part in the process. In some cases, the court can make an order in their absence and the judge has the power to sign a transfer deed to sell a property if a husband or wife is either refusing to sign or cannot be found, despite attempts to do so.

The Emotional Impact of Abandonment

Divorcing due to abandonment can have a significant emotional impact. Feelings of betrayal, anger and sadness are common. It is important to seek emotional support from friends and family, or a professional counsellor to help you and to focus on self-care to rebuild your life.