Legal Separation

What to do if you are considering legal separation

Some couples decide to separate but they don’t necessarily proceed with a divorce. If you are in this situation, we recommend you formalise your separation with a Legal Separation Agreement. The other option is to go through the courts in a similar way as you would for a divorce but you get a Judicial Separation instead.

If you have separated or your are about to separate Cotswold Family Law can help you. If you aren’t sure which option is best for you, we provide a simple explanation below.

Judicial Separation

A Judicial Separation is an alternative if you want to avoid a divorce for religious reasons or for financial reasons. You may also consider a Judicial Separation if you have not yet been married for a full year. Please note, a Judicial Separation does not bring your marriage to an end so you cannot remarry unless you go through divorce proceedings, nor are various financial remedies, such as pension sharing, available with a divorce / decree absolute.

Separation Agreement

A Separation Agreement is an agreement regarding the division of a couple’s assets and possessions. This agreement looks at your situation both at the time of legal separation and for the future. It can also include household expenditure, maintenance and the arrangements relating to any children.

This agreement is not a court order and the court is not involved in its preparation. As a result, although it shows a strong indication of your intentions, there is a risk that it will not be followed in any future divorce proceedings because the Court must consider the financial situation at the time of those proceedings.

For more advice regarding Judicial Separation and Separation Agreements, contact Cotswold Family Law.