SEPARATION

INTRODUCTION

Every year a great many relationships end in separation or divorce. Often when people separate emotions are running at their highest and it is sometimes difficult to think clearly and rationally. We offer good common sense practical advice, a sympathetic attitude and a friendly, efficient and quality service.

TEMPORARY SEPARATION

If a relationship or a marriage is in difficulties it may not be necessary to permanently separate or to issue proceedings for a divorce. Spending some time apart and taking a break from each other may help both parties time to consider what has happened to the relationship and what they both want for the future. This often helps the parties to cool down and be less emotionally heated so that they can make decisions with a clear and reasoned mind.

MARRIAGE GUIDANCE AND RELATE

These are well known services that can offer advice and information to people who have separated. Discussions are usually about how to save the marriage but can also be about other issues, such as how to help the parties separate amicably.

MEDIATION

This is a service that is directed towards making a separation easier and less traumatic. There are a number of trained and experienced mediators including specially trained lawyers who can act as a neutral and independent go-between. Mediators will deal with all aspects of separation including the children’s needs and financial matters.

PERMANENT SEPARATION

If the parties wish to live apart for any period of time they are, of course, free to do so without the need for any formal written agreement or a court order. However if the separation is likely to be permanent or for a significant period of time (say for more than a few months) then it might be worthwhile getting a formal written Separation Agreement put into place.

SEPARATION AGREEMENT

This is simply a written agreement between the parties that contains details of the separation. It can be in the form of a formal document prepared by solicitors or it could be simply an exchange of informal letters between the parties. However an informal exchange of letters is unlikely to be recognised, as being legally binding by a court whereas a formal written agreement prepared by solicitors is at least in part more likely to be accepted as being binding.

DETAILS IN A SEPARATION AGREEMENT

A formal written separation agreement can contain a number of valuable terms and conditions. These can include the following:

  • An Agreement to Separate
  • Not to Molest or Assault each other
  • Payment of Maintenance
  • Payment of Debts and Bills
  • Who will live in the Matrimonial Home
  • Arrangements for the Children
  • An agreement to Divorce at a later Date

JUDICIAL SEPARATION

This is a legal process very similar to Divorce. It is often used by people who for religious reasons are against the concept of divorce and use this as a valid alternative. This does not end the marriage but it does terminate the right to live together. It is very rare that these proceedings are ever brought.