Divorce or Legally Separate?
- Family Law
- 17th Feb 2021
Ending a marriage is a huge decision to make and is often filled with fears and worries about the future. Some couples may not be ready to legally end their marriage and may want time to reflect but still wish to deal with the finances connected to the relationship. If this is the case Legal […]
By Stephen Attree
MLP Law
Ending a marriage is a huge decision to make and is often filled with fears and worries about the future. Some couples may not be ready to legally end their marriage and may want time to reflect but still wish to deal with the finances connected to the relationship. If this is the case Legal Separation is an option.
What is a Separation Agreement?
It is an agreement between a couple dealing with how the assets should be divided. Couples often stipulate in the agreement that they will issue divorce proceedings after they have been separated for a period of 2 years.
Is a Separation Agreement Legally binding?
No but if the agreement is drawn up properly with both parties providing full financial disclosure the court could be persuaded to uphold the agreement.
What are the advantages?
The agreement could lay the foundation for a Consent Order when divorce proceedings are issued.
What are the disadvantages?
A Separation Agreement is not automatically legally enforceable if breached unlike a Consent Order.
We are here to help…
We are to help you navigate a relationship breakdown and provide you with the advice and support you need.
Please contact Rachael Wood, head of our family department on 0161 928 1581 or rachaelw@mlplaw.co.uk
About the expert
Stephen Attree
Managing Partner
Stephen is the Owner of MLP Law and leads our Commercial, IP and Dispute Resolution teams which provide advice on all aspects of the law relating to mergers, acquisitions, financing, re-structuring, complex commercial contracts, standard trading terms, share options, shareholder and partnership agreements, commercial dispute resolution, joint venture and partnering arrangements, IT and Technology law, Intellectual Property, EU and competition law, Brexit and GDPR.
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