Negotiating a settlement with your partner
On separation some couples prefer not to issue proceedings but rather to govern the terms of the separation via what is known as a separation agreement.
This is usually the case when the couple agree to formally end their marriage or civil-partnership via consent after a two year separation and wish to set out in writing matters which have been agreed between them but can not be incorporated into a court order as the marriage/partnership has not legally ended.
A Separation Agreement is effectively an agreement to live apart that sets out the arrangements made in respect of such matters as family property, maintenance, arrangements for the children, etc.
It is important to note that a separation agreement does not achieve the same finality as a Court Order and is not as easy to enforce.
In addition although it may go some way to demonstrating the couple’s intentions a separation agreement cannot be used to prevent one of them from pursuing future financial and property applications through the courts at a future date.
If you are considering separating from your husband, wife or civil partner we would recommend that you make a free no obligation appointment to discuss your options with us.
Tel: 01443 830 228
The procedure for a Judicial Separation is very similar to that of a divorce other than the case is finalised upon the granting of a decree of judicial separation instead of a decree nisi. It is not possible for either husband or wife to remarry following a judicial separation unless a decree absolute of divorce is obtained at a later date.
Remember our first consultation is free to all.
Contact Sarah Price.
Bargoed tel: 01443 830228.