What is a legal separation?
A judicial separation (also referred to as a legal separation) allows you to live apart from your spouse and benefit from a number of court orders on financial matters without getting a divorce or ending a civil partnership. Even once pronounced and benefitting from these financial orders, you will remain legally married to your spouse.
What is a separation agreement?
A separation agreement is a written contract between two people which is put in place when their relationship breaks down. It sets out how any joint assets and responsibilities will be divided between them. Any assets in the sole name of either party, such as pensions, can also be included.
The terms of a separation agreement are not binding on the court, but as long as it is entered into correctly – both parties have the opportunity to take legal advice, the agreement is fair and neither party was under duress to enter into the agreement – then it can have significant sway on the courts and will be taken into account in any proceedings that may follow regarding the family finances.
What to include in a separation agreement?
A separation agreement can contain anything that you feel is relevant to both of you regarding your separation. For example, you may wish to set out what is to happen to the family home – whether it will be sold, or if one of you continue to live it in, who is to be responsible for the mortgage and/or bills.
You may also want to set out what should happen regarding any savings or pensions that have been accumulated over the period of the relationship, or how inheritances, or potential inheritance, will be considered. The agreement can also include details of any debts that need to be taken into account. If one of you needs maintenance, the separation agreement can detail how much will this be, when will it be paid, and when it will stop.
Arrangements for any children can be included, such as who they will live with and/or how they will split their time with both of you and any agreements in relation to child maintenance or school fees etc.
Legal Separation FAQs
The main difference between a divorce and a legal separation is that unlike divorce, a legal separation does not end the marriage. After successfully applying for a legal separation, you will be legally separated but you will still be a married couple.
You can apply for a legal separation at any point in your relationship. However, you can only apply for a divorce or civil partnership dissolution once you have been married / in a civil partnership for a year or more. The application for legal separation is normally shorter and simpler than the divorce process.
You may wish to consider a legal separation if want time and space to work out whether a divorce or civil partnership dissolution is what you want, you have religious or cultural reasons against divorce, or if you have been married or in a civil partnership for less than a year.
If the court is satisfied with the information that has been provided, it will normally take between 4 to 6 months to process from start to finish. However, if there are disputes about finances, property, or children, or if either party delays the process, it can take longer.
The cost of a separation agreement is going to vary depending on what is included in the agreement and how long it has taken to negotiate. Speak to specialist family law solicitor to find out more based on your individual circumstances.
Couples should seek independent legal advice and then work with their solicitors to start drafting a separation agreement, outlining the terms for finances, property, and child arrangements (if applicable).
While not automatically legally binding, a separation agreement outlines the terms of a separation. As long as it has been drafted fairly and with transparency, with both parties having had legal advice, and the terms are reasonable, a court will typically uphold them in the event of any future dispute.
A legally separated couple can still live under the same roof. Legal separation allows couples to define the terms of separation without divorcing. While they may continue to share a home, a legal separation agreement can help establish boundaries and ensure each person’s rights are protected while they figure out their next steps.
Why Hawkins Family Law?
As a specialist law firm, our leading family lawyers are here to provide tailored legal advice and assistance relating to your separation, including financial matters and child arrangements. We can provide specialist guidance in relation to your legal separation and separation agreement. With Hawkins Family Law you can be assured of our consistently high levels of support and guidance.