Separation Agreement Solicitors
When a relationship breaks down, understanding your legal position and the options available is essential before any drastic decisions are made. Depending on your circumstances, it may be appropriate for you to opt for legal separation instead of divorce. With an expert team of separation agreement solicitors on hand to help you determine the best approach, you can count on Graham Evans and Partners to protect your interests in the face of family disputes.
Why choose Graham Evans’ Separation Agreement Solicitors?
Here at Graham Evans, we know that no two couples are alike. In that respect, each case we take on requires a unique approach: after all, there is no ‘off the shelf’ solution for divorce or separation. That’s why our dedicated team of separation agreement solicitors will always take the time to listen and understand your individual circumstances: your shared history, your financial situation, your living requirements and your objectives regarding the separation. That way, we can guide you towards the most practical option in protecting your financial interests.
When it comes to drawing up a Separation Agreement, you can count on us to assist you through the critical negotiations regarding children, finances and property to ensure the final draft is one that meets your precise needs and provides a fair and comfortable future. We understand that this is an emotional time for all involved, so our separation agreement will always aim to keep the process as simple and stress-free as possible. Teaming sensitivity with determination, we work with our clients to provide a clear picture of the options available, allowing you to decide the best option for you and your family.
We know that cooperation between separating couples can easily brake down, which is why we actively promote alternative methods of resolution such as family mediation. If successful, the process will be fairly straightforward and allow both you and your spouse to reach a satisfying conclusion outside of Court. While this saves our clients a considerable amount of time as well as costs, we recognise that mediation is not always an option. Should court proceedings eventually become necessary in achieving resolution, you can rely on our passionate team to support you throughout.
Separation Agreement FAQ
What is legal separation?
The term ‘ legal separation’ is often used to describe a decree of judicial separation; a financial order granted by the court when a couple cannot or choose not to divorce. Once legally separated, couples are still married in the eyes of the law, but have complete financial autonomy and in most cases do not live in the same property.
Why separate rather than divorce?
There are many reasons why a couple may opt for legal separation as an alternative to divorce. In some cases, it may be personal beliefs or religious reasons. It may also be the case that you have not yet established that the marriage has broken down irretrievably. For many couples, legal separation is the only option when the reason for the split does not fall under the legal grounds for divorce.
How do I get a legal separation?
In order to legally separate from your spouse, you will need to make an application to the Court. To make your application, you must send the Court what’s known as a ‘separation petition’, the same document used when commencing divorce proceedings. In this document, you must state that you are requesting a judicial separation (for married couples) or a separation order (for civil partnerships) along with your reasons as to why you wish to pursue legal separation. A fee will also be payable to the Court upon your application.
What is a Separation Agreement?
Should you and your partner require a way of regulating your finances without filing for divorce, you must apply to the Court for a Separation Agreement. This legal document will set out the date of your separation and contain the terms upon which you have agreed regarding the division of finances and financial assets. Your Separation Agreement can be as explicit and extensive as you choose and will be used by the Court to determine a fair outcome. Generally speaking, the Court are likely to follow the terms of the agreement, but reserve the right to challenge the agreement if found to be unfair to one party. Once accepted, the Court will translate this document into a legally binding Court order.
What are the costs of legal separation?
A fee will be payable to the Court of £340 along with your Separation Agreement, but depending on your circumstances you may be able to get a reduction in this fees. We highly recommend seeking legal advice prior to sending your application to the Court in order to ensure you understand the implications and outcome of legal separation.