Relationship Separation

How Legal Separation With Us Works

• Contact us for a free 30-minute initial consultation OR
• Book a 60-minute preliminary advice meeting, tailored to your specific circumstances and followed up in writing
• Start fixing your future right away

Sills & Betteridge Incorporating Acclaimed Family Law are highly experienced and dedicated divorce lawyers based in Sheffield. We offer an exceptional service to South Yorkshire, North Derbyshire and surrounding areas.

What Is Judicial Separation In The UK?

A judicial separation is a legal separation process through the Courts. However, unlike a divorce, there is no Final Order, meaning the parties remain married in the eyes of the law. This separation allows couples to resolve issues such as division of assets, without legally ending the marriage.

While judicial separation is less common today due to the reduced stigma around divorce, there are cases where couples prefer this option for religious reasons and pension entitlements. For those considering this process, it's important to seek guidance from an experienced family solicitor in Sheffield.

Process For Judicial Separation In The UK

You can apply for judicial separation online in the UK, but it is highly recommended to seek advice from a specialist family lawyer. Judicial separation can have significant implications for financial matters, property, and arrangements for children. Consulting a divorce lawyer ensures that the process is done correctly and you fully understand the impact on finances, assets, and family arrangements.

Separation Agreement vs Judicial Separation In The UK

If you want to separate but are not ready to start divorce or judicial separation proceedings, a separation agreement may be the right solution. A separation agreement is a legal document that details how financial matters, property and arrangements for children will be handled during the separation.

In the UK, a separation agreement is often used by couples who want to live apart without legally ending the marriage or civil partnership. It is important to get legal advice to ensure the agreement is fair and enforceable should the relationship lead to divorce or judicial separation.

• your agreement to live apart
• your obligations to maintain one another and any children of the family
• the distribution of your assets
• arrangements for the children of the family

What Can A Separation Agreement Cover In The UK?

A separation agreement is a personalised, legal document that can address several issues, including:

• Living arrangements for children (child arrangement orders, prev known as custody)
• Division of property and assets, including pensions
• Maintenance for the spouse and children
• Handling of debts and financial obligations

In the UK, a separation agreement can help prevent future disputes by clearly outlining both parties' financial responsibilities and arrangements for children. Legal advice is essential to ensure the agreement is fair and enforceable in future legal proceedings.

How Do The Courts Approach Prior Agreements Between Parties?

When deciding what weight should be placed on agreements the court will usually consider the following factors:

• whether there was pressure by one party on the other party to enter into the agreement
• whether one party exploited a dominant position to secure an advantage
• whether either party’s knowledge of the situation was inadequate, including in relation to finances
• whether either party did not take legal advice or received bad legal advice
• whether the circumstances changed and whether such changes were overlooked or unforeseen at the time of the agreement

Are Separation Agreements Binding On The Court?

Separation agreements are not binding on the court in the event of a later divorce or dissolution. Parties to a marriage or civil partnership cannot contract out of the court’s jurisdiction to make orders for financial provision upon divorce or dissolution. However, the existence of a separation agreement will be one of the factors that the court considers. A separation agreement may have a persuasive or even decisive influence on the outcome of either party’s application for financial matters to be resolved, depending on the precise circumstances surrounding the completion of the agreement.

The court must consider whether the agreement is 'fair'. Agreements are more likely to be considered to be fair if they are recent, if circumstances have not changed and if you both knew exactly what you were getting into when the separation agreement was made, both legally and financially, without undue pressure being applied.

An Office Near You?

Sills & Betteridge Incorporating Acclaimed Family Law, has one of the largest family law teams in Sheffield and the wider region, with an office near you.  We have experienced family lawyers in our award-winning family law team who specialise in divorce, financial claims (including those involving pensions, businesses, farms, inherited assets, trusts, personal injury awards and investments), spousal maintenance, pre-nuptial agreements, post-nuptial agreements, civil partnership disputes, separation agreements, child arrangements (previously known as custody) and grandparents' rights. Our dedicated divorce and family solicitors can deal with both complex and straight-forward divorce and financial settlements and have an outstanding success record. They are highly regarded by the industry and clients alike being recognised in the Legal 500. They will help you understand what you are entitled to and work hard on your behalf of achieve that.

Contact us on Sheffield 0114 551 7555 for a free 30-minute initial information consultation or book a 60-minute preliminary advice meeting, tailored to your specific circumstances and followed up in writing for £180 + vat (this may be free of charge if there are issues with Children's Services or Domestic Abuse).