Separation Agreement
This is a legally binding document which sets out the terms on which you will live apart after your marriage has broken down. It will specify how you will divide marital assets such as the family home. It will also provide for custody, access and maintenance if your children are under 18 (or 23 if in full-time education). If you are dependent on your spouse and have not worked during the marriage, you may also be entitled to financial support after the marriage has broken down.
The separation agreement can also set out what will happen to your pension and also your succession rights – whether you wish to extinguish your spouse’s right to your estate when you die.
A separation agreement can be a cost-effective way to resolve issues between you. You are in control – we will negotiate with your spouse’s solicitor and draft the document. When agreement is reached on all mat-ters the document is signed by both of you and becomes legally binding.
Judicial Separation
This is an option that is open to you when your marriage breaks down. It involves an application to court where a judge will decide what happens to your property and issues relating to your marriage. If you have children under 18 (or 23 if in full time education) a judge will decide who will have custody, what types of access arrangements will be put in place and what financial support or maintenance is paid for the children. A judge will also decide what happens to your pension and if it needs to be split so that your spouse may also benefit from it.
If there is a business or farm involved we will advise you fully on the financial implications of the breakdown of your marriage on your business. We will advise you through every step of the process and explain the legal and practical implications of the breakdown of your relationship in clear language. We are sensitive to the needs of children and works towards a resolution that is in their best interest.
We recognise that being involved in family law can be very stressful and we do our best to minimise that by making sure that:
- Your case is moved as quickly as possible;
- You are kept informed;
- You can contact us easily;
- You pay what is fair and know at each stage what you will be charged.
