Legal Separation Lawyers in St Helens
Couples can split up for a number of reasons and sometimes legal separation is a better option than divorce.
Legal separation can help to deal with issues relating to household bills, possessions, joint assets and how best to deal with child access if necessary.
The Separation Agreement
Legal separation requires a Deed of Separation, also known as a separation agreement, which helps to clarify who is to have what and who is responsible for what, assisting any Court proceeding at a later date.
To draft a separation agreement, full financial disclosure should be provided by each party, detailing evidence of their assets and liabilities. When each party has disclosed full information, both parties will work towards drawing up a detailed separation agreement.
If an agreement can be reached between the couple by themselves, the solicitor’s involvement can be minimal and so the cost is kept minimal too. However, when there are disagreements the process can become lengthened, which can also be true of a divorce.
What does a separation agreement involve?
You need to seek legal advice from a solicitor if you want to proceed with a legal separation. After the solicitor receives instructions from the client they will draft a formal agreement.
Information such as age, employment and accommodation needs to be included in the separation agreement.
The following information could also be included in a separation agreement:
- Details about you and your partner
- Where you intend to live
- How you intend to split your assets and who will have control of the sale of any property
- If relevant the agreement could have information relating to the arrangements for any children
Separation agreements do not involve the Courts, as the agreement is made to clarify the details of separation but not to legally hold the parties to keeping to the agreement. However this type of agreement can be extremely useful if a divorce follows, as it can be shown to the Court for its opinion on whether the agreement has been broken.
If the agreement has been put in place and worked well for two years, this can work as the basis of a Consent Order to a district judge, helping in the process of filing for divorce.
If a separation agreement is used, it can greatly reduce the time it takes to finalise the financial affairs when a marriage ends.
If you would like to find out more about Separation Agreements call our expert legal team on 01744 744400, fill out our contact form below or contact our key person: