Legal Separation

Exploring alternatives when divorce feels too soon or isn’t an option?

Instead of immediately commencing divorce proceedings, married couples can utilise a ‘Separation Agreement’ to work out financial arrangements and plan for future events, including decisions about shared property.

For married couples, while this agreement lacks the formalities, and also the certainty, of a court-issued financial final order pursuant to a divorce, it acts as a practical roadmap, especially when there’s likely to be a long period between the initial separation and an eventual divorce. Seeking legal advice and having a family law solicitor draft the agreement is essential to minimise issues down the road. For married couples, without legal advice any Separation Agreement is unlikely to hold much, or possibly, any weight.

In essence, a Separation Agreement provides structure and clarity during a transitional period. Although not 100% legally binding on a stand-alone basis, it becomes a valuable reference point in court decisions if divorce becomes the ultimate choice. This approach may be beneficial for couples not ready for an immediate divorce but seeking a formal understanding of financial matters.

If you are contemplating legal separation, it’s crucial to understand that a Separation Agreement should cover the entire spectrum of your financial arrangements, including sharing savings and investments, property distribution and plans for pension arrangements.

For unmarried couples on the other hand, where there is no option to obtain a financial final order pursuant to a divorce, a Separation Agreement will provide formality and certainty and is the best possible way of concluding the financial aspects of their separation. For unmarried couples, albeit not crucial as for married couples, seeking legal advice and having a family law solicitor draft the agreement is also essential to minimise issues down the road.

For childcare arrangements following separation, married and unmarried couples should also consider entering into a Parenting Plan to clearly show what arrangements and actions are agreed to meet the children needs of their children.

These proactive steps allow couples to navigate changing circumstances with documented mutual agreements.

In conclusion, legal separation offers a practical and thoughtful approach for couples managing the complexities of relationship changes. If you are considering legal separation or need assistance in crafting a tailored Separation Agreement, please reach out to us for personalised guidance.

To help you get started, we’ve answered some of the most common questions about legal separation below.

Speak to us now on 01625 526 222 or

Request a free 30 minute consultation

Why Choose Sinclair Law

Free 30-minute consultation so we can get to know you and your individual situation
Jargon-free friendly advice
An expert solicitor by your side helping you through every step of the process
Our legal service costs are unrivalled by many larger law firms in South Manchester and Cheshire
Authorised and regulated by the Solicitors Regulation Authority
Resolution Accredited Specialist – This accreditation is badge of excellence in the area of family law
Rated ‘Excellent’ by our clients on Google and Review Solicitors

FAQs

What is the difference between divorce and separation?

Divorce is a legal process at the conclusion of which your marriage to your spouse will end. This has important legal implications in that you will no longer be for example you will not be a “widow” or “widower” for the purpose of pension entitlement.

This is distinct from being separated from your spouse which is a reflection of your current arrangement within the relationship. To call a separation “legal” is a little misleading in that there is no compulsory legal process to follow in order to be separated. There is one qualification to that which is where there are formal proceedings for a “judicial” separation. The process there is identical to divorce except that at the end of it you and your spouse remain married.

There are certain circumstances in which judicial separation will be appropriate, for example:-

For religious reasons you do not believe in divorce;
The advice you have is that you would fair better in terms of pension provision.

The list is not exhaustive. Please ask if you would like any further clarification.

What is the date of separation?

The date you start to live separate and apart from your spouse becomes the date of separation. Separation can exist even where you continue to occupy the family home.

It is evidenced for example by living a completely separate life taking meals at different times, organising the household chores separately etc.

Do you have to agree to be separated?

One of you can end the relationship and choose to live separate from your spouse.

In terms of trying to ensure a harmonious journey from the date of separation until (perhaps ultimately divorce), it is usually better to try and agree on the arrangements of your separation if at all possible.

If I move out of the home do I lose my claim to the home?

No – if you are a joint owner of the property your legal status of a joint owner remains unaffected.

If you are not a joint owner and the property is owned by your spouse then whilst you are still married you retain a right of occupation in the family home which can be registered with the Land Registry.

If you do move out of the family home potentially you could lose a tactical advantage.

If possible, you should always speak with a family solicitor before moving out of the family home.

Can my spouse move his/her new partner into the family home without my permission?

This is a real possibility and concern. Whilst the court can be prevailed upon to regulate the occupation of the family home, this is rarely something that it is proportionate to ask the court to consider.

While a joint legal owner of the family home has the power to veto any third party’s presence there without your consent, implementing your veto in the real world can be problematic to say the least.

The more realistic course of action is always to deal with the entirety of the financial and property issues on separation promptly following separation in order to minimise the time a spouse has to move his/her partner in or to minimise the time they are there before the terms of your overall financial settlement are implemented and the house sold and equity divided or you receive your share of the same.

Do I have to file any paperwork to be separated?

No – a separation can be a very informal arrangement between you and your spouse.

What is important is that you identify what the actual date of separation is.

Can a Separation Agreement be changed once it is signed?

Normally a Separation Agreement would make provision for changes to be made by further written agreement between you. If there are to be any changes it is therefore important for such changes to be recorded in writing.