
If you do not wish to divorce for social or religious
reasons or you have been married for less than a year, we are able
to advise you in relation to judicial separation proceedings. This
will ensure that your rights in relation to children and finances
are protected whilst still remaining married.
However a legal or judicial separation is not always necessary.
As this area of divorce is of particular complexity, it is in your
best interests to contact us for specific advice about your particular
circumstances.
Separation Agreements
If you choose not to seek a judicial separation
then the powers of the courts to sort out a couples’ financial affairs
will not come into play. A Separation Agreement may then
be an appropriate alternative. This is a formal written
agreement entered into by a married couple who wish to record
the financial agreement that they have reached dealing with the
financial consequences of their decision to separate. A Separation
Agreement can save separating couples a considerable amount of
money, in wasted legal fees as well as saving you the hassle
and tribulations of a court battle. Where a financial agreement
has been reached it can give both spouses a degree of protection
if that agreement is recorded in a legal document. Such an agreement
does not promise that you will not end up arguing your case in
a court, but it can go a long way toward avoiding legal action
or at least clarifying issues today and in the future.
Such agreements are normally upheld by the courts but can be set
aside if there has been a significant change in one party's circumstances.
Where the terms of the agreement seem to favour one party rather
than the other, it is important for both parties to obtain independent
legal advice to avoid a claim by one party that they were forced
to sign it.
These are straightforward
agreements which deal with financial matters such as lump sum payments
and maintenance payments for the spouse and any children. It is
possible to also include options such as arrangements for the disposal
of the house by sale only and an option to include a timetable
for divorce.
