Separation
"What are my options?" This is the question most frequently asked by clients with relationship difficulties.
The first option of course is to explore, perhaps with the assistance of Relate or other family consultants, whether the relationship is really at an end or whether there is some hope of reconciliation.
If there is a possibility of reconciliation, couples will often choose separation, either informal or formal. Other couples choose the separation route if they intend to divorce on one of the separation grounds, two years' separation with consent or five years' separation, to avoid the need for either to make formal allegations of adultery or "behaviour" against the other.
Even if the separation is informal we would recommend that you seek legal advice as soon as possible. It is obviously important that any significant decisions you take are based on full information and that you do not inadvertently take any steps that would prejudice your legal position or increase hostilities. We offer an initial free half hour interview during which we are able to give an overview of your legal situation. Sometimes clients wish to take action immediately, but frequently they need time for careful reflection, and will not return for weeks or even months.
It is of course possible to formalise agreement on financial matters in a Separation Agreement, which we can prepare for you. If the separation is followed in due course by a divorce, the separation agreement may become the divorce settlement, but only if full financial disclosure has been given and each party has had separate legal representation. If some exceptional and unforeseen circumstances arise between separation and divorce, for example serious illness or redundancy, the financial terms have to be re-negotiated. The only way to achieve financial finality is to have a formal Consent Order at the time of divorce or dissolution.
An important point to note is that pension sharing which is available on divorce or dissolution is not possible to achieve in a separation agreement. Thus clients who are approaching retirement age, or already retired, often seek the security that a pension sharing order can bring.
