Separation

Separation Agreements

A separation agreement is a document, which usually refers to the various matters agreed between the parties such as

• The date of separation.
• Whether there will be a divorce by agreement in the future.
• How the assets will be divided up.
Arrangements regarding any children.

By definition there must be agreement on all these matters. This is not always possible and so judicial separation proceedings are sometimes used where a divorce is not required but where court orders are needed to deal with matters such as the division of money and property.

Within judicial separation proceedings and divorce proceedings the court can also grant injunctions in appropriate cases. A separation agreement cannot bring the marriage to an end - only divorce proceedings can do this.

A separation agreement dealing with financial issues is not binding on a court, but a court will consider ratifying any agreement provided:-

1. The agreement was reached with each party having provided full disclosure of all income capital and pensions
2. Each party has received independent legal advice.
3. Each of the parties is of equal bargaining power.
4. The agreement is reached at "arms length"

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The articles on legal topics published in these pages are for interest only and are necessarily general in their terms. You should not act (or refrain from acting) on the basis of the information given without specific advice, as the principles and laws concerned may change, and their application will vary according to the particular circumstances.