Separation
If a couple can agree the terms of their Separation either voluntarily (by the couple themselves, through collaboration or through mediation) or through independent solicitors they can opt for a formal Separation Agreement. This is a legal written contract between both parties to the marriage, setting out their future rights and duties to each other. If terms can be readily agreed a Separation Agreement can be completed quickly and at little cost.
The document is signed by both spouses and witnessed, preferably by a Solicitor. The Separation Agreement becomes a legal contract at the time specified in the Agreement. Generally, the Courts have no involvement in this procedure, which helps to keep costs to a minimum. However, it is possible to have an executed separation agreement made a rule of court, if necessary.
Ultimately the success of any separation agreement will be dependant on the willingness of the parties to agree terms and abide by them. Neither party may insist or demand any rights (as this is a process of negotiation and all terms within the Agreement must be agreed by both spouses), although the parties and/or their solicitors can continue to negotiate until agreement is reached. If there is a Separation Agreement in place the parties cannot then seek a Judicial Separation. However, a separation agreement is not a bar to divorce proceedings though a court is required to have regard to the terms of any separation agreement in any divorce proceedings that may follow.
Call 1890 FAMILY today for help, guidance and professional advice in drafting your Separation Agreement
With Divorce Direct, you have direct access to an experienced family lawyer who deals exclusively in family law matters. We work for you and with you to achieve the best possible terms, at the lowest possible cost.
Contact Divorce Direct on 1890 FAMILY for a free consultation about your separation. You can speak to a solicitor, or simply enquire online and a family law solicitor will call you back.
