Divorce financial settlements: your comprehensive guide
Navigating the financial aspects of a divorce can be overwhelming. One of the most important steps is reaching a fair
Legal separation – practical support during relationship breakdown
If you are considering legal separation instead of divorce, we can help you understand your options around separation agreements, finances and arrangements for children.
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Overview
Is legal separation the right option for you? Understanding your options
Why choose legal separation as an alternative to divorce?
People choose legal separation for many different reasons. You may not feel emotionally ready for divorce, or you may need time and space before making long-term decisions about your relationship, finances or children. For some couples, legal separation offers structure and stability during a difficult period without formally ending the marriage or civil partnership.
Some people choose separation because of personal or religious beliefs. Others may not yet be able to apply for a divorce because they have been married for less than a year.
Speaking to an experienced separation solicitor early can help you understand the practical and legal implications of separating without divorcing, so you can make informed decisions about the next steps for you and your family.
What is legal separation and how does it work?
Legal separation allows couples to separate formally while remaining legally married or in a civil partnership. This can be done through either a deed of separation or a judicial separation.
- Deed of separation – a written agreement setting out financial and practical arrangements during your separation. While not legally binding, courts may take its terms into account.
- Judicial separation – a formal court process that allows couples to separate legally without applying for divorce.
Getting the right support during legal separation
Legal separation can affect your finances, living arrangements and future plans, so it is important to understand your options before making decisions.
We’ll explain the differences between a deed of separation and judicial separation, helping you understand how each option may affect finances, property and arrangements for children.
If you decide to move forward, we can help prepare the documentation, negotiate practical arrangements and guide you through any court process where needed.
Protecting your children in a legal separation
Separation can be especially difficult when children are involved. One of the biggest concerns for many parents is creating stability and maintaining routines while adjusting to family change.
We can help you agree to custody arrangements, where the children will live and how much time they spend with each parent.
Other access issues, such as how much time is spent with grandparents, can also be agreed. Financial support and child maintenance arrangements can also be agreed as part of the separation process, helping provide longer-term security for your children.
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Financial settlements in a legal separation
Financial agreements with your partner can be the most complex and difficult part of a separation. Early legal advice can help you understand your financial position, protect your interests and work towards a practical agreement that supports your future.We will help you divide assets, manage debt and arrange spousal maintenance. These assets include:
- property
- savings
- business interests
- pensions
- income.
Joint or sole applications in separation agreements
Once you decide to apply for legal separation, you can either make a joint application with your partner or apply on your own.
You can make a joint application only if you both agree that you should get a legal separation and that you are not at risk of domestic abuse.
Sole applications can be made if your partner does not agree to a legal separation or you don’t think your partner will cooperate or respond to court notifications.
If you agree about issues relating to children and finances, then a court appearance is not usually necessary.
Helping you move forward after separation
We can help with your legal separation on the following issues:
- Understanding whether legal separation or divorce is right for you.
- Preparing deeds of separation and court documents.
- Supporting joint or sole applications for judicial separation.
Fixed-fee consultations
View our fixed-fee family law consultation page . We offer compassionate, expert guidance from an experienced solicitor, focused on you and your next steps.
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Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.
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Legal and financial advice
Tees is a top-tier Legal 500 firm offering joined-up legal and financial services for all your family law requirements, from divorce mediation to court appearances, and prenuptial and postnuptial agreements.
We have a team of in-house independent financial advisers who work closely with our lawyers to deliver all the advice you need. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we are accountable for all the advice we give.
We’re here to help
If you want a lawyer to take a closer look at your situation, our family and divorce lawyers are based in:
- Cambridgeshire: Cambridge
- Essex: Chelmsford, and Saffron Walden
- Hertfordshire: Bishop’s Stortford and North Herts
But we can help you wherever you are in England and Wales.
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Seperation FAQs
What is a deed of separation?
A deed of separation is a legal agreement that formalises the terms of your separation. They are usually used when parties separate but do not intend to divorce immediately. A solicitor can help you make a deed of separation that covers important issues, such as your finances, property and children. You should be aware that separation agreements are not strictly binding in the same way as a commercial agreement, but a court may uphold their terms. You should take advice from a solicitor if you think a separation agreement might be for you.
What is a judicial separation?
A judicial separation is similar to a divorce but leaves you legally married. It is a formal separation which goes through the courts. A solicitor can help you apply for a judicial separation.
How much does a legal separation cost?
Court fees for a legal separation are £365. If you need legal advice, you will also need to pay legal fees.
