We understand that when relationships break down you may not always want to get divorced straightaway or if you are cohabiting you may want to formalise your separation.
For married couples there can be a number of reasons, you may not agree with divorce for religious reasons, you have not been married for more than 12 months or you would prefer to wait 2 years and not cite behaviour in order to issue divorce proceedings on the grounds of two years separation with the other’s consent. You may think it is too soon to make a final decision about your relationship breakdown and want to set out an arrangement in the meantime, until you or your partner decide that you both want to proceed with a divorce.
Whatever your reasons, our expert family solicitors can help you make decisions best for you and set out what should happen when divorce proceedings are issued.
A separation agreement does not only set out financial responsibilities, it can also include what arrangements have been agreed for you both to spend time with your children.
However, although a separation agreement is persuasive to a court, the agreement is not binding on the court if there have been substantial changes to your circumstances when you finally issue the divorce proceedings and ones the court cannot ignore such as change in personal or financial circumstances. .
In addition separation agreements cannot make provision for a pension sharing order. So if you are close to pension age, a separation agreement may not be suitable depending on your personal circumstances.
In order for a separation agreement to be persuasive to a court on divorce, the agreement must fulfill certain criteria:
If you are not married, you can also enter into a separation agreement which sets out your obligations financially to one another or to children of the family. If you own a joint property, you may have decided to sell the property and what you decide about what will happen to the net proceeds of sale can be included within an agreement. If you have decided to retain the jointly owned property and one of you is to continue to live in the property, possibly to provide a home for the children, then a separation agreement or deed can set out who is responsible for paying the mortgage, insurance and outgoings and who is responsible for general and structural repairs. The agreement can also on separation set out the arrangements for the children and their financial support.
Please click on any of the links below to see our client’s testimonials.
"Alison Gaddes has handled my divorce efficiently and professionally whilst being sensitive to what has been a difficult time for me. She has explained all aspects of the legalities and kept me fully updated on the developments of my case at all times. I would have no hesitation in recommending her to anyone seeking legal representation."
"Lindsey Canning handled my divorce right through from initial consultation to final hearing. Lindsey was quite literally a rock for me throughout proceedings which eventually ran to 2 years, She was professional, efficient and determined throughout to get the best result for me and my complex case. If it was not for Lindsey’s patient and understanding manner I dread to think where the case could have ended up and I would not hesitate to recommend. Throughout a very difficult time Lindsey supported me, kept me informed throughout and was very realistic about possible outcomes in my case. Lindsey kept a calm and pragmatic manner at all times and is a great listener. I can’t thank her enough for her efforts and support throughout the last 2 years I would not be in the financial position I am now without her." I will continue to use Wake Smith for any of my legal needs and that’s all down to Lindsey Canning.
"Thank you for all your help and advice, divorce is always unpleasant but I must admit that with you and your team on my side everything went as smoothly as possible. If any of my friends are unlucky enough to find themselves in my situation I wouldn't hesitate to give them your number. All the best and thank you again."
"Lindsey was very helpful and was excellent in the way she treat the case".
Mr S from Derbyshire
"Thank you for all your help. At such a difficult time in your life, it is good to know someone cares."
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