Separation Agreements

Even though your marriage may have irretrievably broken down, you do not have to start divorce proceedings. However you may wish to consider formalising your separation and to try and resolve issues relating to children and finances.

• You could have a Separation Deed or Agreement drawn up which is a contract between both partners which deals with all aspects of the separation.  However both parties must voluntarily agree the terms.
• If the agreement works properly, it will ensure that when there is a divorce in the the future, it will not be necessary to revisit and renegotiate the financial settlement. The financial settlement, having been confirmed in the Separation Deed. All being well, it should just be a question of turning the agreement (confirmed in the Separation Deed) into a court order within the divorce proceedings.
• A Judicial Separation is a procedure very similar to divorce, except at the end you would not be free to remarry. This kind of separation gives the court the power to make orders about children, property and other financial matters.  This form of separation is not common, but could be used if one partner has an objection to divorce on religious grounds or if the couple have not been married for one year.
• You could apply to the local Family Proceedings Court (Magistrates) for an order concerning disputes over the children or for spousal maintenance. However, the courts rarely make maintenance orders for children as the Child Support Agency usually deals with this.

We advise everyone who is embarking on separation or divorce to make a new Will.  This will give you peace of mind about who would care for children in the event of your death, and who would inherit your property.  It should also be noted that divorce changes existing Wills.

After divorce, any gift to a former spouse in an existing Will is certain to fail.  In the event of you remarrying, any existing Will is automatically revoked.

The Family Law Team have been involved in the drafting of hundreds of Deeds of Separation. They have experience in dealing with Judicial Separation and applications to the local magistrates court.