Separation & Splitting-up
In order to be able to seek a divorce, parties must have been married for at least a year. In some circumstances a relationship can break down within that first year and parties find themselves in a position where they are no longer able to cohabit, but they are prevented from divorcing by law. In these circumstances it is possible to obtain a legal separation. However separation is not always necessary. As this area of divorce is of particular complexity, it is in your best interests to contact us for specific advice about your particular circumstances.
Separation Agreements
A Separation Agreement is a formal written agreement entered into by a married couple who wish to record the financial agreement that they have reached dealing with the financial consequences of their decision to separate. A Separation Agreement can save separating couples a considerable amount of money, in wasted legal fees as well as saving you the hassle and tribulations of a court battle. Where a financial agreement has been reached it can give both spouses a degree of protection if that agreement is recorded in a legal document. Such an agreement does not promise that you will not end up arguing your case in a court, but it can go a long way toward avoiding legal action or at least clarifying issues today and in the future.
Such agreements are normally upheld by the courts but can be set aside if there has been a significant change in one party’s circumstances. Where the terms of the agreement seem to favour one party rather than the other, it is important for both parties to obtain independent legal advice to avoid a claim by one party that they were forced to sign it.
These are straightforward agreements which deal with financial matters such as lump sum payments and maintenance payments for the spouse and any children. It is possible to also include options such as arrangements for the disposal of the house by sale only and an option to include a timetable for divorce.
A separation agreement can be prepared on your behalf at a reasonable and a clear fixed fee. Call 020 8401 7352 to book an appointment to see a specialist Family Law solicitor