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Please Note: W. Davies Solicitors have now closed their Family Department.

No new appointments are being made.

Family

Separation

Separation of a family is stressful. Occasionally couples wish to separate without divorcing or dissolving their civil partnership. This may be for religious or other reasons or where they have not been married for a year and therefore cannot instigate divorce proceedings until the year has elapsed. We can advise you of the options available and assist you by preparing appropriate documents such as a Deed of Separation.

Deed of Separation

A Deed of Separation is a contract between separating spouses/civil partners. It cannot be forced upon either party and it is something which has to be agreed upon.

Some couples have a Deed of Separation and then a Consent Order as part of the divorce/civil partnership dissolution process. They may have a separation agreement which sets out how they will divide or manage their assets during a period of separation, and before they get divorced/dissolve their civil partnership. They then have a Consent Order to rule out any future legal claims arising out of their divorce/civil partnership dissolution.

A Deed of Separation, whilst legally binding, is not a final Order. This is because either or both parties are at liberty to make an application to the Court at the time of divorce for further financial provision. If a party does make such an application, the Court will consider whether the parties should be held to the Deed of Separation. Such an agreement may be strongly persuasive to a Court but it is not conclusive.

In deciding whether or not to hold the parties to the agreement the Court will check to see whether the parties provided full and frank disclosure of their financial circumstances and that each party sought independent legal advice. Provided this is done, it is likely that the Deed will be taken into account if there is a dispute during the divorce/civil partnership dissolution. The Court is likely to overturn an agreement where one of the parties’ circumstances has changed significantly between the execution of the Deed and the divorce/civil partnership dissolution.

 

At W Davies we can advise you on the options and assist you in making the right decision for your circumstances.

For further information or to arrange a FREE INITIAL MEETING with a Family Solicitor in Woking please contact June Reid at jmr@wdavies.com, or telephone 01483 744900.