You don’t have to get divorced; you may prefer simply to formalise your separation with a Separation Deed.
It is not necessary for you to be living in a separate house from your husband or wife; you may be living separately under the same roof and still be able to agree terms.
A Separation Deed can deal with children issues and financial matters, or any other matters that you wish to cover, such as the division of the contents of your home and personal belongings.
A Separation Deed can form the basis of a contract between you; however the Court in any subsequent divorce proceedings is not bound by the agreement, although it will be considered as one of the circumstances of the case. It is good evidence of what you intended but each of you is entitled to have your circumstances at the time of any Court proceedings taken into account. Most financial applications within divorce are settled by consent and, provided the terms of the Separation Deed represent a fair division of assets and the arrangements for the children are satisfactory, the Court is likely to endorse your agreement.
It is usual for there to be full disclosure of your finances before terms of separation are agreed and the negotiations should generally proceed on that basis. An agreement is less likely to be displaced in subsequent proceedings if full and frank disclosure has been provided and both parties received independent legal advice.
Our aim in all cases of separation is to bring about a successful conclusion to your case – with the minimum of distress.
We welcome informal telephone enquiries so please do not hesitate to contact us on 01483 408780 or e-mail info@setfords.co.uk
