Separation Agreements

Apart from Judicial separation, which is relevant in certain circumstances, there is no other standard process.

Both married and non-married couples can enter into a separation agreement.

This is a document which outlines the proposed financial arrangements upon separation. They are mainly used when it is not appropriate to divorce immediately.

This document allows a couple who have separated but not yet decided to commence divorce proceedings to outline financial arrangements.

A non-married couple may find an agreement like this useful since non-married partners do not have the same rights upon separation.

A separation agreement does not have the same status as a Court Order and therefore we would always recommend that if you do enter into a separation agreement and you divorce, that in due course you also obtain a Court Order.

At this point, a Consent Order will be prepared based on the contents of the separation agreement. However, it is important to note that depending on the amount of time that has passed, the agreement may need to be amended as the terms may no longer be considered fair by a Judge.

Entering into a separation agreement provides certainty during what can be a very uncertain time.

– As it is agreed that you no longer live together your spouse cannot seek to divorce you on the basis of Desertion.

– It confirms the date on which you both agree that the relationship ended

– It is a flexible document so you can decide on its contents.

– It can assist in reducing the tension when sorting out financial arrangements

– They are not easy documents to enforce.

– They can only be amended if you both agree to the changes

– Depending on the circumstances, a court might disregard some or all of its contents if you proceed to divorce or dissolve your Civil Partnership