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Separation - Frequently asked questions

• What is a “separation”?
• What is a Separation Agreement?
• What are the grounds for obtaining a judicial (legal) separation?
• How do I start the process of separation?
• What information do I need to prepare?
• Costs / Funding?

What is a “separation”?

A husband and wife are defined as having separated when they are living in two separate households - either different properties or the same property but living separately (separate meal times, etc.)

What is a Seperation Agreement?

It may be that in the early stages of the marriage breakdown you do not wish to proceed by way of divorce or Judicial (Legal) Separation. However you may wish to resolve the financial issues and arrangements relating to the children by agreement.

Generally in those circumstances the terms of any agreement reached can be recorded in a Separation Agreement. We can provide advice and guidance on this option at an initial appointment and then prepare an appropriate agreement which will be legally binding.

What are the grounds for obtaining a judicial (legal) separation?

A separation can be obtained by proving to the court that your marriage has broken down. One of five reasons has to be alleged:

• adultery
• unreasonable behaviour
• separation for 2 years and both parties consent
• desertion for 2 years
• separation for 5 years

A judicial separation can be obtained by establishing one of the five reasons above. The difference between separation and divorce is that the parties remain married.

How do I start the process of separation?

Separation proceedings are started by filing a petition at court, providing details of the grounds as in the question above. Please contact us so we can obtain the relevant information from you and prepare and issue the Petition.

What information do I need to prepare?

You need to provide us with your marriage certificate and consider which one of the reasons above you will be alleging in the Petition.

Financial Matters

It will be necessary to decide how to divide any monies or assets, including pension(s). We will discuss with you at the initial appointment all the information that you would need to provide to enable us to offer advice on your rights in respect of any financial claims and if necessary refer you to an independent financial advisor experienced in this field.

Costs / Funding?

We know it is important from the outset to provide you with full information relating to the estimated costs of a case and we will discuss that in detail with you. It may be that you will qualify for Public Funding and that will be assessed at your initial appointment.