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Separation

If, when your marriage has irretrievably broken down, you do not want to get divorced, possibly for religious reasons or simply because you do not want to, you might think about separation.

 You can put your financial affairs in order by entering into a “separation agreement” or, if you want to put it on a more formal footing, applying to the court for a ‘decree of judicial separation’.

A separation agreement requires both of you to agree and will set out:

  • what you have agreed
  • your financial arrangements
  • arrangements about your children

If you want to apply for a decree of judicial separation the procedure is similar to that for divorce the court can make decisions on financial matters and your children if you cannot agree.

Although a “decree of judicial separation” does not end the marriage you are no longer obliged to live with your spouse. 

At Hart Brown our specialists will discuss with you the best approach. We will try to mediate agreement between you and your spouse and we will then draft the separation agreement. If you wish to apply for a decree of judicial separation we will help you through the process and help find a solution on your finances and children. We understand that you would like to try and resolve matters as quickly as possible and we will do our utmost to help you achieve this.

To speak to someone who can help you decide the most appropriate form of separation, call, email or request a call back from one of our specialist lawyers.

Who to contact

Sharon Powell

Sharon Powell
Partner, Head of Family
Email
Request a callback

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