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Separation

Where a marriage breaks down, sometimes the primary focus of the parties is not to enter into formal divorce proceedings but instead to reach an agreement over how finances and other assets will be divided.

 

This can be a daunting experience and we can offer guidance and expertise in helping you in this process.

 

Advice offered will cover:

  • The options available in order to reach an agreement and the costs associated with these options

  • The provision of expert advice on a financial proposal which may have been put forward to you

  • The drawing up of a Separation Agreement or approving / amending a Separation Agreement and finalising the process correctly.

A separating, married couple may wish to deal with financial aspects of their separation in advance of taking steps to commence divorce proceedings. A document called a Separation Agreement can be drawn up, which will deal with this and can cover a wide variety of issues - including arrangements for any children.

 

They are very useful documents as they will record the date on which you separated which may then be relevant in future divorce proceedings. They focus everyone's minds with regard to a financial settlement, meaning that when the parties do divorce at a later stage, there will be no requirement to revisit the issue of finances as this will have been dealt with previously. 

A Consent Order can be drafted at the time of the divorce which will mirror the terms of the separation agreement.

There is still a need for the parties to exchange financial disclosure and its advisable for both sides to have taken independent legal advice.

A Separation Agreement is not filed at court and, for that reason, does not bind a court should financial remedy proceedings take place later. That said, provided the document was properly executed and neither party was under duress at the time of signing, the document will be persuasive should matters come before a judge at a later stage.

For more information, or to book an appointment, call 01325 804751 or email donna@donnasandallfamilylaw.co.uk​

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