Separation (to include Separation Agreements)
You may not wish to divorce straight away or perhaps you do not have grounds to do so. In this instance, negotiations can take place to try and agree financial matters in the interim.
If an agreement is possible, that can be recorded in a Deed of Separation. This is in effect a contract between the two of you and the Court is not involved at this stage. The Deed usually provides clarity as to what is going to happen about finances until the divorce can occur. The Deed can also be used to record any arrangement you might have agreed for the children.
When the divorce is issued at Court you can then request the Court approve the Deed of Separation as a final formal Court Order. The Court is not, however, bound by the terms of the Deed of Separation and either party can ask the Court to determine any financial issues between you despite the terms of the Deed.
In order to give the Deed the best chance of success should you seek to rely on it the following criteria should be complied with:
- Both of you have received independent legal advice as to the terms of the Deed of Separation.
- Neither of you have been put under pressure to enter into the agreement.
- Both of you have fully and frankly disclosed to one another your financial means and a summary of those means is annexed to the agreement.
- The agreement is comprehensive and covers all matters.
- The agreement is reasonable and reflects the type of settlement the Court might Order if a dispute were before them.
Many people enter into 'home-made' Separation Agreements however these are very rarely binding. It is therefore important to seek legal advice.
Separation Agreements can also be entered into by former cohabitants and can be a useful tool to provide clarity and certainty especially if children are involved.
If these matters effect you please complete a contact form or call us directly on 01483 302 000 or email samantha.jago@www.rhw.co.uk
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