A couple working together to settle a divorce

The decision to separate often arises as a result of mutual acceptance by a couple that matters are not all that they might be. Occasionally separation is a one sided affair brought about by one party’s decision to leave the relationship. Either way there is nothing ‘legal’ about this. It is a state of affairs. There is no obligation in such circumstances to enter into a formal agreement about the terms of separation, although on a practical level couples will often reach agreements about financial support for their children, arrangements to pay their household outgoings and to meet other liabilities. The date and year of separation can also have taxation consequences.

We can help you make informed choices about separation

For some there is a reassurance in setting out their agreements in a Deed of Separation. This is a contractual document setting out the ‘promises’ often termed ‘covenants’ that the parties make one with another. That document can form the basis of financial agreements later reinforced in an Order of the Court made in Divorce proceedings, but there are limitations about the effectiveness and enforceability of a Deed of Separation. Legal advice about this option is essential before making choices.

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