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Separation Agreements

Separation without a formal divorce

Sometimes a marriage breaks down, but the couple does not want a divorce. 

This is often the case for religious reasons, where a legal separation agreement (sometimes called a judicial separation) is more palatable than a divorce. 

However, you don’t have to be religious to opt for a legal separation agreement over a divorce. You might trial a period of separation and reassess your relationship at a later date. 

What does a legal separation agreement cover?

A legal separation agreement (sometimes called a judicial separation) allows a couple to live apart without divorcing or ending a civil partnership. 

The agreement covers practicalities such as: 

  • What happens to the family home and who continues to live there 
  • Who pays the mortgage and other outgoings 
  • What the arrangements for the children should be 
  • Any other financial arrangements 

If you decide to divorce or dissolve your civil partnership later, then the financial arrangements will be considered by a court when determining what final financial orders to make upon divorce or dissolution. 

Legal Separation Agreements

Frequently asked questions

  • What happens to my finances if I get a legal separation agreement?

    You negotiate the financial arrangements with your partner, with the help of solicitors if necessary. If you can’t reach an agreement, you can apply to court to ask it to divide your financial assets with your ex-partner’s.

  • What happens to my pension?

    A key difference to divorce is that your pensions are not taken into account in the division of your financial assets.

    For that reason, a legal separation agreement may be particularly suited to an older couple who want to preserve the pension provision between them.

  • Am I still married if I get a legal separation?

    Yes. Legally, you are still married if you get a legal separation. The separation allows for court-ordered arrangements about your finances, family home, and children. But it does not dissolve your marriage or civil partnership.

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Separation Agreements

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