If you would prefer to regularise your separation without actually divorcing there are two options available:
- Judicial Separation
- Separation Agreement.
Judicial Separation
This involves a Court procedure which is virtually identical to that which applies to a divorce.
The same “facts” need to be proved as in a divorce, and the same rules about cohabitation for 6 months after the fact arose [link to divorce?] apply.
The essential difference between a divorce and a judicial separation is that the Court pronounces a Decree of Judicial Separation rather than a divorce and therefore the spouses remain legally married.
A judicial separation can be obtained within the first year of marriage, whereas a divorce cannot.
A couple may choose judicial separation over divorce for moral or religious reasons or if valuable pension benefits are lost on divorce. However, since the Court can now share pensions, this is no longer so important.
The same financial orders can be obtained following a judicial separation those obtained following a divorce
Separation Agreement
Many couples prefer to reach an agreement about financial matters arising out of their separation without involving the Court at all. The way this can be achieved is for them to sign a written document which incorporates the agreement they have reached.
Commonly, such agreements deal with confirmation that the parties to the marriage are to live apart and the manner in which any maintenance and property issues are to be dealt with.
Whilst there are no restrictions on what can or cannot be included in such an agreement, it is important to bear in mind that if either person makes a subsequent financial application to the Court, the Court is not bound by the financial arrangements in the Separation Agreement but it must consider it.
To ensure that sufficient weight is attached to an Agreement it is necessary to observe the following;
- Full financial disclosure should be obtained from each party;
- Each party should seek independent legal advice; and
- The agreement should be prepared by a solicitor.
If you need further advice on separation agreements please contact Michelle Uppal on 020 7426 0400 or email Michelle at
mu@milesandpartners.com
