Separation is a time when you need information and guidance as to where you stand.
If your relationship has broken down and you and your partner agree to separate, as opposed to getting a divorce, we can help to ensure you have arrangements in place for your children, finances and jointly owned assets.
Most couples in this situation find it helpful, either as a precursor to divorce or simply to know where everybody stands, to enter into a 'Separation Agreement' ('Deed of Separation' as they are sometimes known). If you plan to separate for a period of two years and then get a divorce, we advise speaking to us so that any agreements made between you both are clearly documented.
We have known couples to reconcile after a period of separation and feel reassured that they had the support of a solicitor to make clear arrangements for the children, finances and assets, which helped in the long term when they got back together and had to revisit agreements for the future.
We will advise on everything you need to know so you can make the best decision for you. We will take care of all the documentation for you, covering as much or as little detail as you wish.
For more information and to make an appointment at our Southampton office, please contact Debra Emery.
For Richmond and City appointments please contact Jan Galloway.
Adultery after separation
Be aware that adultery can still take place even though a married couple are separated and that such adultery can be relied upon within a divorce petition, provided it is acted upon within 6 months of knowledge.
Making arrangements for the care of your children
It is very important that you give very careful consideration to the arrangements for your children when you separate from your partner. The older the child or children, the more likely that they will want to be involved in any discussions around these arrangements, and will want to express an opinion. Read more detailed information about arrangements for children.
Interestingly, be aware that adultery can still take place even though a married couple are separated and that such adultery can be relied upon within a divorce petition, provided it is acted upon within 6 months of knowledge .
There is no automatic or other alteration of property rights simply because a couple have separated. If you jointly own a property that will remain the case regardless of separation. If property in which you consider you have an interest in, is owned solely by your spouse, it is usually prudent to register a Matrimonial Homes Rights Notice against the title of that property to prevent it being sold, mortgaged or otherwise dealt with whilst you are separated – possibly without your knowledge. We can prepare this notice for you and give you any advice you need.