Advising in separation legalities including Deeds of Separation.
For all kinds of reasons, you and your partner may not wish to divorce immediately when you separate. However there may be important financial issues the two of you need to address in the meantime.
We can advise concerning a Deed of Separation. This is a legal document which governs financial and practical arrangements while you remain separated.
We can only advise one of you concerning the Deed, and the other must take independent legal advice from a different solicitor. Both of you need to be prepared to disclose full information concerning your finances.
Frequently Asked Questions
Why bother with a Deed of Separation?
If it is dealt with properly, with the appropriate advice and formalities, it forms a secure basis for your financial planning. It ensures both of you confront and discuss financial issues arising from your separation which otherwise might be fudged or avoided.
Why do we need independent legal advice and why do we have to give financial disclosure?
Agreements between the two of you without the benefit of legal advice or financial disclosure are unlikely to be upheld by the court in the event of a dispute in the future. You don’t want to sort matters out with your spouse when you separate, only to find you have it all to do again later.
Is a Deed of Separation legally binding?
Only a court order (obtainable within divorce proceedings) can conclusively dismiss financial claims, but a Deed of Separation arrived at with competent legal advice, with full and frank disclosure on both sides of your financial circumstances, is likely to be upheld by the court in the event of a future dispute, unless there is some other circumstance or some change in your situation which makes the original agreement unfair.
Can I get a Deed of Separation without my partner’s cooperation?
No. You must both agree to deal with matters in this way. If your partner will not cooperate, and there are urgent financial matters to resolve, you should consider issuing divorce proceedings in order to obtain a court order.
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