If you are separating from your husband or wife or civil partner, but do not feel that you can begin the formal process of divorce or civil dissolution.
This would confirm the financial agreement you have reached at the point of separation and indicate that you intend to start the divorce or dissolution at some point in the future.
This can then provide some financial certainty for you, whilst you come to terms with the breakdown of your marriage or civil partnership.
However, please be aware that a Separation Deed does not prevent your husband, wife or civil partner making an application to the court about the finances in the future. The financial agreement is not legally binding until it is eventually ‘sealed’ by the court, alongside the divorce proceedings.
If you are separating from your husband or wife or civil partner, but do not feel that you can begin the formal process of divorce or civil dissolution (perhaps due to personal circumstances), then you may wish to consider entering into a Separation Deed.
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Some questions we often get asked about the technicalities and legalities of deeds of separation
Technically no, a separation order doesn’t go through the court until it becomes a sealed financial or consent order during the divorce or dissolution process.
However, when done with the help of a solicitor, it can be considered a contract and a formal legal document which records what both parties agreed to at the time of the separation. While this could be challenged later if one or more party seeks a different financial arrangement, it is still a valuable record and many couples use the agreement in their Deed of Separation during their divorce or dissolution.
No, a Deed of Separation does not go through the courts unless the couple use it in divorce or dissolution proceedings.
Often during separations, one half of a couple will leave voluntarily. If you’re married or in a civil partnership, you are likely to have home rights over your property, otherwise, this will depend on your status in terms of ownership or tenancy agreements.
In cases involving domestic abuse, the victim may apply for an occupation order to prevent their ex from cohabiting with you.
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