Not every couple chooses to Divorce straight away. Whether for personal or religious reasons, some couples choose to create a Separation Agreement, while others choose a process called Judicial Separation.
Sometimes, this is all that is required. In other cases, spouses choose to move to Divorce proceedings. Our family solicitors are experts in their field. You can speak to them about your situation in absolute confidence and map out the next best steps for your unique circumstances.
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Divorce and Separation
Going through a relationship breakdown can be difficult enough without confusing legal jargon and worries about the process. Our free guide walks you through the divorce process, the first 3 steps you should take, and the different routes available to get the best outcome.
Usually, people who enter into Separation Agreements are partners or spouses who have decided to separate but cannot Divorce or dissolve their union for various reasons. They may also have decided not to take the final step of Divorce but wish for some boundaries between them until they decide how to take their relationship forward.
A Separation Agreement offers resolution to any issues in the relationship and supports each person. If both partners are satisfied with the Separation Agreement, but decide to continue with a Divorce, a judge will usually approve the terms of any financial settlement recorded in the Separation Agreement as part of the Divorce.
If you’ve decided separation is the best step forward, we can draft an agreement that considers both you and your partner’s needs and wishes. You may want to transfer ownership to your home – and you and your partner will need to provide full details of your income, assets and liabilities.
Once all the information has been obtained, we’ll send this to you for approval. You will then be offered clear, concise and accurate knowledgeable information based on your circumstances and how reasonable the agreement appears.
We can also help you negotiate the terms of the agreement, which can often be complicated and stressful. When everyone is happy with the terms, we will arrange for it to be signed. We can also help you and your partner work out the terms of a Separation Agreement through mediation or collaborative law.
A Separation Agreement is a contract and is subject to the usual rules of contracts. Those who sign it should consider it an important document, which must be adhered to. Both parties should receive independent legal advice before signing it and be honest to avoid accusations of misrepresentation later down the line.
If one or both parties breaks the agreement, it is akin to breaking a contract. The person who broke the agreement may be expected to pay damages to the other party.
If you and your partner have remained separated for two years and are happy with the terms of the separation, the agreement can be the basis for a Divorce, if you wished to proceed. It can also be basis for the order that must be submitted to the court upon Divorce.
Brilliant service from start to finish. Always available to talk to and not only was sound legal advice given, but provided me with some much needed emotional advice throughout everything. I would highly recommend them to anyone…and without hesitation will be using the company again for future legal services.
When a relationship breaks down
About Burt Brill & Cardens
Trusted Sussex solicitors for over 125 years
Our team includes specialists in a number of legal areas, providing you with the expertise you need when you need it most. Whatever your legal issue, we will take the time to understand your situation and tailor our service to meet your needs.