Separation

• Separation
• Informal Separation
• Judicial separation
• DIY Separation agreement
• Separation Agreement Service

Separation

When a marriage breaks down, this often means divorce. However there is an alternative that should always be considered This is separation, either judicial or informal. A marriage that is in trouble may not necessarily be dead, and divorce may not be inevitable. A period of separation can well allow a breathing space to allow both parties to avoid a hasty and later to be regretted decision. Also for some people, divorce is not an option for religious or other reasons.

There are two types of Separation, an informal separation, and the more official judicial separation.

Informal separation does not need to involve the Courts. In fact it does not need to involve anything other than deciding to live apart. It is simply a decision to live separate lives. So long as matters can be agreed concerning children and money, it is simply a case of deciding when, and for how long, and then making the move.

What is vital is to record what has been agreed between the parties when they decide to part. This should be done in a separation agreement, which the parties should have drawn up and will then each sign. Should divorce eventually become appropriate the Separation Agreement may form the basis of the final Financial Court Order.

Judicial separation on the other hand is a decree of the Court. This is not a divorce and the parties remain married but, in effect, all the normal marital obligations come to an end. It will not be necessary to show that the marriage has irretrievably broken down.

Judicial Separation may be appropriate in the following cases:-

1. Where couples have been married for less than 1 year. Divorce proceedings may not be commenced during the first year of a marriage, but if the couple wish to separate and have financial matters which cannot be agreed between themselves decided with a Court Order, this can be done in conjunction with a decree of judicial separation.

2. Where one or both parties do not believe the marriage has irretrievably broken down and do not wish to divorce, but cannot reach agreement in respect of financial matters and need the court's assistance to decide these matters.

3. Where one or both parties have strong religious beliefs which would prevent them from taking divorce proceedings, but want the court to make Orders relating to long term arrangements.

4. In the case of an older person and a long marriage where the financial consequences of divorce would have a severe and prejudicial effect on their long term future, e.g. Loss of widows/widowers benefits under a pension scheme or life policy.

A decree of judicial separation can be granted for any of the grounds which would justify a divorce - unreasonable behaviour, adultery etc - but it is not necessary to prove that the marriage has irretrievably broken down. Also, there are not two decrees as there are in divorce - decree nisi and decree absolute - but simply one decree pronouncing the judicial separation once the court is satisfied that the requirements are met.

A decree of judicial separation has three main effects:-

The parties are no longer obliged to live together.
The court can exercise many of its powers as in divorce, but can not award a lump sum or make a property adjustment order.
The decree operates just like a divorce in terms of its effect on any will - the spouse no longer takes any benefit unless a new will is made specifically stating that is to be the case.

It is possible for the parties to obtain a divorce after being judicially separated for two years providing they both consent. However the reality is that a person who seeks a decree of judicial separation rather than a divorce is very unlikely to consent to a divorce. A great deal can happen in such a period of time - not least the possibility that one party to the marriage might meet someone else and wish to remarry. If at that point one is confronted with someone who is still technically your spouse who resolutely refuses to grant you a divorce then there are very real problems. It is better not to put oneself in this position. No-one should contemplate a judicial separation without realising that it might prevent them remarrying for a very long time indeed.

It is very rarely a sensible course of action to agree to. For most people divorce would be a much better choice because judicial separation does not really allow people to move on. For this reason, judicial separations are rare, but should always be considered. The procedure is almost identical to obtaining a divorce although in the prayer you will not ask for the marriage to be dissolved and will not allege that the marriage has irretrievably broken down.

Either partner can apply for an order for the judicial separation to be rescinded as long as both partners consent.



Separation agreements

This download contains 2 separation agreements with all the clauses you will need to make up and personalise an agreement to deal with your circumstances. In addition a complementary reconciliation agreement is included for use should you and your spouse get back together and bring the separation to an end.
The first agreement is a short version confirming the separation and providing for necessary matters including any maintenance to be paid. The other is a fuller version providing alternatives as to maintenance, ownership and sale of property and payment of lump sums.
These separation agreements will formalise the financial arrangement agreed between separating spouses or civil partnership that have agreed to live apart but do not wish to divorce. They both sets out what has been agreed as to the children, maintenance, the division of family assets and who is to live in the matrimonial home and can be easily adapted or combined to include any other matters agreed. All embracing separation agreement such as this will often be incorporated into a consent order by the court should the parties later divorce.

The Separation Agreement Pack costs £14.99 and is available for immediate download as a MS Word document file or PDF.

Separation Agreement Service

We can prepare the application for you. Complete our online questionnaire and our lawyers will then prepare your agreement from the information provided and contact you as necessary to discuss the clauses.The cost is £100.

This is how it works:


• Complete our straight forward questionnaire which will provide the basic information we need to be able to draft the application.
• Submit the completed questionnaire to our lawyers and make payment using either our secure server or Paypal.
•Our lawyers will prepare the agreement and contact you either by telephone or email for any further information needed or to discuss your application.
•Once your lawyer is satisfied with the application it will be sent to you either by post or email to approve and sign.

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