If you’re concerned about your children and assets, our separation solicitors will secure you a fair resolution.
If you need space from your partner but you’re not ready for the finality of divorce, or divorce may just not be suitable for your circumstances, then a legal separation could be a good option for you. Our family solicitors are here to explain all your options and ensure you settle for an option that works for you.
FAQs
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:
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:
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:
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.
Call, email or provide us with a few details of your matter, and we’ll help you arrange an initial consultation. You’ll get:
No fee surprises. Ever. Our solicitors in London and Brighton will inform you from the outset how much your case will cost and we will do everything in our power to keep costs down and within your original fee estimate.
You are our priority and law is our speciality. Our award-winning solicitors in London and Brighton ensure you know exactly where you stand from a legal perspective so you can make a well-informed decision.
With fortnightly updates on your case, you’ll never be left in the dark. Our solicitors in London and Brighton ensure you know exactly how your case is progressing and are with you every step of the way.
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Our untimed initial consultations provide you with as long as you need to speak to a specialist solicitor about your matter.
