Separation and Divorce

Separation and Divorce: a legal separation can be either a formal written agreement between the Parties or a Judicial Separation made by a Court. A divorce can only be granted by a Court.

There are several options available to you. Please click on this link to view the chart.

Written Agreement
You and your spouse can agree the terms that will enable you to live separate and apart and make provision for the custody and access for your children, maintenance for your spouse (if applicable ) and for your children and provide for the division of the assets. There is also generally a provision that each of you waives your entitlement to benefit from the other’s estate on death.
You can use mediation, the collaborative law process, negotiation and advice from your solicitors to assist you in reaching agreement. Once you have reached agreement each of you should seek advice from your respective solicitors in relation to the agreement to ensure that if there is a dispute afterwards that you each had independent advice in relation to the matter.

Judicial Separation
 A Judicial Separation can only be granted by a Court.
In order to start Judicial Separation proceedings, you and your spouse must have been living separate and apart for a period of 12 months prior to the issue of the proceedings OR the conduct of your spouse is such that it would be unreasonable to expect you to continue living with him/her. Adultery or domestic violence can be considered unreasonable behaviour. The Court will deal with the issues of custody, access and maintenance for your children, spousal maintenance (if applicable) and property division. There are usually orders made in Judicial Separation proceedings waiving the right to benefit from the other’s estate. You and your spouse will exchange financial and pension details.

Divorce
A divorce can only be granted by a Court.
In order to start Divorce proceedings you and your spouse must have lived separate and apart for a period of 4 of the previous 5 years before the proceedings commence.
Before granting a Divorce, the Court must be satisfied that  there is no prospect of reconciliation and that proper provision has  been made for the spouse and children.
The Court will deal with the issues of custody, access and maintenance for your children, spousal maintenance (if applicable) and property division. There are usually orders made in Judicial Separation proceedings waiving the right to benefit from the other’s estate.
You and your spouse will exchange your financial documentation and file an affidavit setting out your income, assets and liabilities and your monthly budget.  Pension details are also exchanged.