Relationship Separation

Legal Separation

A Judicial Relationship Separation is a legal separation via the courts. This requires a separation petition to be lodged with the court on exactly the same grounds as divorce, e.g. usually unreasonable behavior, adultery or 2 years separation by consent. However, unlike with divorce, there is no Decree Absolute so parties will remain married in the eyes of the law.

It’s unusual to obtain a judicial separation nowadays because there is less stigma attached to divorce. Most people believe that if the marriage has broken to the extent they require a separation they may as well instigate divorce proceedings.

Formal Separation

Some couples may not wish to lodge an unreasonable behavior or adultery petition and will simply wait 2 years until they can obtain a separation on the grounds of consent, which negates the need to raise issues about the other person.

However, it’s difficult to live apart for 2 years without financially regulating what happens during that time. In that situation it’s important to have a separation agreement that outlines what you intend to do financially in the short term and long term.

It’s extremely important to seek specialist advice as if you don’t have a formal separation agreement the other party can make subsequent financial claims on divorce, even if you believe you had divided your assets reasonably at the time of separation. There are legal pros and cons when comparing separation agreements to divorce, so it’s extremely important to discuss these with a legal expert.

If you would like free, no obligation advice regarding the creation of a separation agreement, please complete the accompanying form or call us on 0114 3992355 to arrange a 30 minute consultation.

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