Separation Deeds are a useful alternative to divorce if you are not ready to issue proceedings.
Separation Deeds are used to record any financial agreement you may reach with your spouse and can also state that one of you will issue proceedings for divorce on the expiration of 2 years after signing the deed. It should be noted, however, that a Separation Deed will not end the financial claims you have against your spouse or vice versa. If divorce proceedings are subsequently issued, the deed will be one of the factors taken into consideration by the court but will not be binding on the judge, i.e., the judge could find in favour of an alternative settlement.
We understand the issues and have helped many people come through the process cleanly.
To ensure your deed is as effective as possible, it is important that:
- both parties receive independent legal advice in relation to contents of the deed
- both parties have provided full and frank financial disclosure
- there is no material change in either party’s financial circumstances between the signing of the deed and the presentation of a petition for divorce (such as a significant inheritance or substantial windfall)
Here to Help
Our experts are on hand to help you through the legal, financial and agreement processes for any difficult situations you are facing.
Tel: 01737 551821
Ludlow Lane Solicitors
We are not tied into corporate targets, enabling us to offer a tailored service suited to each individual case.
Ludlow Lane Solicitors are members of Resolution and subscribe to the Resolution Code of Good Practice, details of which can be found here.