It is highly recommended that you seek legal advice before entering into a separation agreement.
If you have come to the decision that your marriage has ended but you do not want a divorce or it is not possible to obtain a divorce, judicial separation may be an alternative option.
The main reasons people apply for a decree of judicial separation rather than a divorce is for religious reasons or because they have been married for less than 12 months and are therefore unable to start divorce proceedings.
A judicial separation means that the parties remain married but there are no longer any marital obligations.
The procedure for obtaining a decree of judicial separation is similar to that for obtaining a divorce and you will need to rely on one of the 5 facts which would justify a divorce.
A judicial separation gives the court all of the powers it has within divorce proceedings to deal with the division of matrimonial property and assets.
Separation Agreements can be entered into by married or cohabiting couples who have agreed the terms of their separation. It is a legally binding document and in the case of divorcing couples can be relied upon and used as evidence to determine the terms of a future divorce settlement and the grounds for the divorce petition.
A Separation Agreement usually deals with financial matters, namely the division of any matrimonial property, assets and liabilities as well as issues involving any children such as where they will live, what contact they will have the absent parent and what monies each party will be paying towards them.
It is highly recommended that you seek legal advice before entering into a separation agreement and here at Lund Bennett Law we have specialist family law solicitors who are able to advise you. Please call us on 0161 924 0079.
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