Family Law Firms London
When it seems as though a marriage has come to an end, many couples immediately start to think about divorce. However, some husbands and wives decide not to pursue a divorce straight away, and instead opt for a period of separation. Each case will be different, but some of the reasons partners might choose to do this include:
Religion - There are religions which do not formally recognise divorce and, if this option is not possible, separation allows a couple to effectively end the marriage by more agreeable means.
Finances - For some couples there are certain financial advantages which come from being married; private health care, tax breaks and pension benefits for example. These benefits may be affected by your marital status, which means that separation may not be as financially inconvenient as divorce.
Chance of Reconciliation – Some couples use the process of separation as a chance to look at their marriage objectively with a view to reconciliation.
Grounds for Divorce – Sometimes a couple will decide that divorce is their only option and the separation is just a stage in the process of obtaining their divorce. This separation could last 2 or 5 years depending on the attitude of each partner towards the divorce.
If you are considering divorce or separation, get advice from our Family Law Firms London office, to make sure you understand all your options.
Although some couples are able to reach an informal agreement about their individual responsibilities during a separation, in some cases it’s a good idea to obtain a more formal Judicial Separation.
Deed of Separation
A Deed of Separation sets out all the arrangements for the separation that have been agreed upon by the husband and wife. These would typically include matters like:
- how the children will be looked after, which school they will attend, child support etc.
- the division of financial assets and property
- how bills and any other debts will be managed
- necessary maintenance payments, the amount and frequency
This agreement is a very useful way of defining your separate responsibilities in preparation for a future divorce; but although it will be an official arrangement, it’s not a legally binding document. There is no guarantee that the terms of the agreement will remain the same should you get divorced.
Judicial Separation
An alternative to a Deed of Separation is the more formal Judicial Separation. This is where the court formally acknowledges the separation, and the arrangements the couple have agreed to regarding their children and the division of assets. Even though this is a more formal separation agreement there is always the chance that the Respondent to the Judicial Separation might insist on a divorce instead.
For expert advice and a range of services to suit all situations and budgets get in touch with our Family Law Firms London office.