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Legal separation is one option considered by a relatively high level of clients coming to a first interview, who accept that their relationship has broken down, but have not got to the stage that they want a divorce.
Whilst there are often legal and practical advantages in going straight to divorce, and it is often ultimately cheaper to do so, some choose legal separation for a period to give themselves breathing space.
Our advice would be to draw up a Separation Agreement, which is a contractual document, capable of enforcement. This ensures that:
- each person considers the practical and financial implications of separation
- each person makes informed choices which determine the ground rules for life apart
- evidence is provided of each person's intentions, to prevent disputes at a later date
When drafting a Separation Deed, we can only advise one party and the other must take independent legal advice. Both parties must also be prepared to disclose their financial circumstances. In the event that disclosure does not take place or both parties do not take advice, the Deed will probably be unenforceable.