Separation

The obvious benefit during separation is that when there is no marriage, there are no gruelling divorce proceedings. However, there are complex legal matters which come to light in the absence of a married couple’s rights. For example, it is more complicated to divide the assets and contributions to the relationship as entitlement to maintenance. Pension-sharing provisions would not necessarily apply. Similarly, if one person in the cohabiting couple dies, the same rights do not apply to those of a married couple. Instead of family law being applicable here, it is in fact land law that governs the division of assets and capital.

Formal separation may also be an option for married couples who do not feel that a divorce is right for them. In this instance, we can provide advice on judicial separation and draft formal agreements, which outline how parties may wish to live separate lives but remain married. This is relevant when the marriage has not broken down irretrievably or there is a comfortable living situation, but the parties do not wish to live as a married couple.

Is this something that you and your ex-partner can relate to? If so, we can help. Contact our office today on 01772 683000 to speak with one of our solicitors.

Simon Coupe
Simon Coupe Tel: +44 1772 683000
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