Our Separation Solicitors Promise

Legal separation is an arrangement where a couple lives apart, following a court order, but remains married. Although it might sound easier to simply get divorced, there are various reasons why legal separation is so popular. 

The key benefits of legal separation include:

• It can make the divorce process easier. Like divorce, when you separate you can opt to apply for child arrangements and a financial settlement. By doing so, you won’t need to go through the relevant processes if you do choose to finally divorce.
• You can take time to decide if you want a divorce. Divorce is a costly, time-consuming and stressful process. As a result, if you’re unsure whether you want a divorce, a legal separation maybe your best option.
• It allows you to separate if you can’t divorce. In instances where you can’t get divorced, a legal separation may be your only option. Couples will normally choose to separate rather than divorce based on religious grounds, or because they have been married for less than the minimum 1 year to divorce.
• Give a precise separation date for divorce. The benefit of legally separating is that there’s a precise separation date, which is unlikely to be contested during the divorce process.

Separation agreements are drafted at the start of a marriage or relationship. They set out what’s supposed to happen if the relationship ends, much like a prenuptial agreement or a cohabitation agreement would.

Separation agreements can cover all of the following:

• Ownership of property
• Deposit on your home
• What share of the mortgage or rent you will pay
• How household bills will be dealt with
• Bank accounts and money
• Life insurance
• Pensions
• Assets such as cars, furniture, other property, jewellery
• Payment of debts
• Pets
• Next of kin rights

You should note that separation agreements aren’t legally binding, however if they have been drafted and executed correctly, they can add weight to separation proceedings.

Legally, legal separation is similar to divorce as you’ll need to file a petition to the Family Court. You can then choose to form an agreement over the finances, property and child arrangements.

However, even after you legally separate, you’re still considered to be married to your spouse. This means if either of you were to die and you haven’t made a will, everything you own would pass to your spouse under law.

To become legally separated, you must file a separation petition at the Family Court in the same way you would for a divorce petition.

If you choose to become legally separated and don’t anticipate you’ll get back together, it’s a good idea to form agreements over your finances and children. These agreements will sever any financial ties between you and your partner until you decide to formally divorce.

The courts in England and Wales charge £365 for you to file a legal separation petition. However, if the petition isn’t completed correctly, you face the risk of the petition being denied by the court. The agreements covering finances and child arrangements are separate and each involve additional costs. 

To get an accurate estimate for how much your case will cost, our separation solicitors offer an untimed initial consultation. During this consultation, you’ll have as long as you need to discuss your case’s details with a solicitor. Once our solicitors understand what your case involves, they will provide a cost and time estimate for your matter.

For your documents to be processed by the courts, it takes, on average, between 4 to 6 months to finalise your legal separation.

If you are looking to negotiate on the finances and child arrangements, this can easily be pushed up to 6 to 12 months.

Legal separation matters can be highly complex, and if the process isn’t handled correctly, it can result in unfavourable consequences.

Therefore, if you are looking to undergo legal separation with your partner, ensure you instruct a specialist separation solicitor to ensure you get the job done correctly.

Instructing a separation solicitor will ensure you have:

• The highest likelihood of the court accepting your separation petition
• An experienced professional working on your case
• The best chance of your separation agreement holding legal weight during the divorce proceedings.

We are currently unable to offer legal aid in any capacity as we lack the necessary legal aid certificate. We also don’t offer pro bono legal separation work at present.