Some of our clients separate on an amicable basis and wish their terms of settlement to be set out in a separation agreement, allowing them to divorce two years later by joint agreement. We can prepare a separation agreement for you.
Some clients, for religious or financial reasons, do not wish to divorce, in which event we can assist you in applying for judicial separation. This order means you are legally separated but does not dissolve the marriage itself. You can apply for the same financial orders in judicial separation but the court cannot make a pension sharing order.
Under UK law separation agreements are not legally binding but a properly drafted Separation Agreement is likely to be upheld provided that certain conditions have been satisfied.
These are primarily:
Each party should have given full and frank disclosure of their financial position.
Each party must have independent legal advice.
The agreement has been signed and witnessed and there is no question of duress.
There has been no significant change in circumstances that was unforeseeable at the time the agreement was entered into.