“As a specialist Family Law firm you can be assured of the best possible advice, client care and outcomes”
Amy Walklate at Amy Walklate Family Law has extensive experience of advising upon separation and preparing separation agreements.
Judicial Separation
In some cases parties wish to separate but for moral or religious reasons object to a divorce. For these clients there is an option to separate either by just informally separating and reaching agreements regarding their affairs between them or by entering into a deed of separation.
Some Clients however want to have a legal separation known as a judicial separation. The procedure for a judicial separation is the same as for divorce. However unlike divorce you can issue a judicial separation within the first 12 months of marriage. A judicial separation does not end a marriage and whilst the court can make orders dealing with financial matters they cannot make pension sharing orders.
Separation / Separation Agreements
For some couples they may decide due to the circumstances of the breakdown of their relationship that they do not wish to commence divorce proceedings immediately, for example they may have decided to wait to issue on the grounds of 2 years separation with consent.
In these circumstances the parties can either agree their interim arrangements and finances mutually between them or consider entering into a legal document known as a Deed of Separation.
For cohabiting couples who separate a deed of separation can also be useful on the breakdown of a relationship to regularise the arrangements and agreements in respect of financial matters to avoid the potential for future claims.
A deed of separation is a legal document which will contain:
- The date of separation
- If it is intended that divorce proceedings will be issues later and on what ground and how the fees will be discharged
- Who will pay the mortgage/rent and household bills
- If a party will continue to live in the home and the basis of occupation
- Whether the home should be sold and basis of sale
- Who will discharge any debt/credit cards/loans
- What will happen to any savings or investments
- Division of contents and cars
- Bank accounts
- Maintenance for either party or children
- Arrangements for children
- Arrangements in the event of death
To be valid each party should give full and frank disclosure of their financial position and should take independent legal advice.
Separation agreements are not technically legally binding. They are however a contract so can still be enforced in court. When divorce proceedings are issued the deed of separation can be converted into a consent order and once approved by the court becomes a final order. The court should uphold the agreement if it is fair in all the circumstances.
Separation Agreements can be complex, it is essential to obtain specialist advice.
At Amy Walklate Family Law Limited we offer specialised Pre and Post Nuptial Agreements at competitive prices.