Separation

Some couples prefer to go their separate ways without involving court procedures, at least in the first few months or years.

Even if you are not married it is usually preferable to reach an agreement about financial matters arising out of a separation.

If you separate and you are not planning to get divorced straightaway or you were not married, you can record any agreement that is reached in a document called a “separation agreement”, also known as a “deed of separation”.

Separation Agreement

A separation agreement would confirm that you are to live apart and the manner in which any financial and other issues are to be dealt with. The separation agreement could include for example provision for child maintenance or for the sale of a house and division of the sale proceeds.

You should have the help of a solicitor in drawing up a separation agreement and separate legal advice before signing a separation agreement.

However, if you were married, it is important to bear in mind that if either person makes any subsequent financial application to the court, despite the terms of any deed of separation, you both would still retain rights to make financial claims against each other in divorce proceedings by applying to the court for financial orders, even if you have a separation deed.

If you were both given proper advice by solicitors when the separation deed was drawn up, and you both fully disclosed your financial position, the courts will probably be reluctant to change the arrangements in a separation agreement.

Disclosure

We would need to see information and documents from your spouse and obtain full information from you before we could advise you properly about the merits of a separation agreement or any other form of settlement. In particular, we would need to see information and documents relating to your spouse’s earnings, their assets and pension policies.