When people speak of separation, they generally mean their relationship has ended and want to live apart, but are not ready to divorce.
In this situation, many of the same issues may arise as on divorce. For example questions over who will remain in the former matrimonial home, how finances should be divided and what contact arrangements should be put in place for any children.
To deal with these issues, it is advisable to draw up a separation agreement.
A separation agreement is a binding contract, and it is therefore advisable to obtain legal advice before entering into one. One of our trained family law solicitors will be happy to assist.
A separation agreement may be used to establish the date of separation for the purposes of obtaining a divorce later on. This can be useful if you undertake a trial separation which later convinces you the marriage has irretrievably broken down.
There is no requirement that a separation agreement must lead to a divorce, and many parties are content to remain married as long as the finances and other matters are resolved.
Benefits of a Separation Agreement
The main benefits of separation agreements are that they are much quicker and cheaper than going to Court to decide the issues. You can also enter into any agreement you wish, including things that a Court is unable to order.
Separation may also refer to judicial, or legal, separation. Although this doesn’t mean the marriage is at an end, the process is very similar to the divorce process.
The benefit of this route is that it allows the finances to be resolved without dissolving the marriage, thereby offering you peace of mind.
This route is rare but may appeal if your religious beliefs prevent you from obtaining a divorce.
Divorce and Separation (Family Law)
Cohabitation Agreement (Family Law)
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