Separation

If divorce is not appropriate for you then there are other options available to you.

There is always the option of separation without a divorce.For You - Separation

  • You could live separately and apart without reaching a formal agreement without finances or any other matters such as children;
  • You could like separately and apart and then issues about finances and other matters can be agreed in correspondence between legal representatives for both parties;
  • You live separate and apart and any financial agreements are incorporated into a Deed of Separation. This is a formal document which details the agreement reached. Most couples do want to reach an agreement about financial matters without involving Court proceedings and this can be an effective way of doing this;
  • Or finally you can apply to the Court for a Judicial Separation. The procedure following is virtually identical to a divorce. The Court pronounces a Decree of Judicial Separation rather than a divorce and both parties remain married. This is usually done for religious reasons.

If you started divorce proceedings later on, either you or your husband/ wife can still apply to the Court for financial provision. Here the Judge considers all the circumstances and makes an Order they feel is fair. The Judge need not adhere to an agreement you have reached previously but it would be taken into consideration by the Judge.

For further information please contact Kirsty Tighe on 0113 282 7988.