Separation

Separation allows you to live apart and formalise financial arrangements while remaining legally married. Divorce ends the marriage completely. When separated, you cannot remarry, you may retain certain benefits like pension survivor rights, and you remain each other’s next of kin. Divorce severs these legal ties. Civil partners can separate or dissolve their partnership through equivalent processes. Both routes can address finances, property, and children.

Yes, if properly drafted. A separation agreement is a contract between spouses. Provided both parties enter it freely with full financial disclosure and independent legal advice, courts will generally uphold it. Each party should have their own solicitor, which strengthens the agreement’s enforceability.

It’s not a court order, so enforcement requires separate legal action if breached. Well-drafted agreements prevent most disputes by clearly setting out rights and obligations. If you later divorce, the court will give the agreement significant weight when deciding financial matters.

A comprehensive separation agreement covers how you’ll divide property and other assets, who pays the mortgage and household bills, arrangements for savings, investments, and pensions, ongoing financial support for a spouse, and responsibility for existing debts.

Any existing prenuptial or postnuptial agreement may also be referenced and will be considered by the court if proceedings arise later. We tailor each agreement to your specific circumstances.

Legal costs for drafting a separation agreement depend on the complexity of your finances and arrangements. Contact us for a tailored quote. Straightforward cases where both parties agree on most issues cost less. Cases involving multiple properties, businesses, or pensions, or where negotiations are needed, cost more.

This is significantly cheaper than judicial separation or divorce proceedings. We provide a clear cost estimate after an initial consultation once we understand your circumstances fully.

Yes. Judicial separation is a formal court process similar to divorce but without ending the marriage. You apply to the court, and it can make binding financial orders. The key difference is you remain married. Judicial separation suits couples who can’t divorce for personal reasons, or who want formal court orders but aren’t ready to end the marriage. Court fees and legal costs apply. We’ll confirm the current fees when we discuss your options.

Unmarried couples who separate have very different legal rights from married couples. There’s no automatic entitlement to financial provision or property division. Your rights depend on property ownership and any agreements already in place. Cohabitation agreements can set out financial arrangements clearly if drafted before separation.

Without an agreement, property claims are made under trust law and contract principles, which are complex and uncertain. We advise cohabiting couples on their options and, where separation has already occurred, on how to protect their interests.

If domestic abuse is a factor, we can advise on non-molestation orders and occupation orders alongside your separation arrangements. These can be obtained urgently, sometimes within 24 hours, and provide immediate legal protection. Legal aid is available for domestic abuse matters, subject to eligibility criteria. Our capacity for legally aided cases is limited, so contact us to discuss your circumstances. For urgent situations, we respond as quickly as possible.

When a relationship breaks down, there is no requirement for parties to pursue a divorce or civil partnership dissolution, however there may be finances or children matters to deal with. If for some reason you did not want to pursue divorce proceedings or a civil partnership dissolution, we would usually recommend that you consider entering into a ‘Separation Agreement’ which would deal with all issues relating to matrimonial or partnership assets and other issues concerning dependent children. Many couples however prefer to pursue divorce or civil partnership dissolution proceedings when things go wrong as it provides one with the certainty needed at a difficult time when the future might seem unsure.