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Separation Agreement Services in Essex

In many cases a divorce may not be desirable or advisable.  In those cases it is possible for a couple to simply live separately but still remain married.  In cases where one or both parties may have some objection to divorce e.g. on the grounds of religion, it is possible to apply to the courts for a judicial separation.  That will not dissolve the marriage but will give a formal declaration that the parties are separated.

Either way, it is possible to regulate financial and other arrangements which flow from a separation.  This is usually in the form of a separation agreement (sometimes called a “separation deed” or a “deed of separation”).

Provided that a separation agreement is drawn up properly, in any subsequent divorce the courts will normally follow such an agreement, unless there has been a change in circumstances which makes this unfair.

For the agreement to be drawn up properly, both parties must have taken independent legal advice, both must be fully aware of the extent of the other’s finances, neither party should be under any pressure to sign the agreement and the terms of the agreement must be such that they would be considered by a court to be fair in all the circumstances of the case.

If a separation agreement is entered into and later there is a divorce, the agreement can be incorporated into a court order within the divorce proceedings.