Deed of Separation / Separation Agreements
Quite often when couples separate, Divorce is the last thing on their mind.
Some separating couples wish to give priority to agreeing the arrangements for their child/ children and the terms of a financial settlement.
In those cases where the parties wish to formalise arrangements/terms agreed, they will be advised to enter into a contract - ‘Deed of Separation/Agreement’, which both parties will sign with the benefit of independent legal advice and upon the basis that both have been open and honest with each other with regard to their respective financial positions.
Quite often the parties also confirm in the Deed an agreement that after a 2 year period of separation, either of them will be at liberty to file for Divorce on the grounds of 2 year separation with consent. They may also confirm in the Deed that the terms of their financial settlement, should be incorporated into a financial Consent Order at the time of the Divorce to be presented to the District Judge for his/her approval to allow for finality at that time.
However, a Deed of Separation is not binding upon the Court and therefore both parties must be aware that if during the Divorce process, one party wishes to revisit financial claims, then he/she can ask the Court to consider and decide whether the terms of settlement reached previously were fair and proper or whether he/she should be at liberty to seek further claims.
When considering the matter the Court will have regard to the Deed of Separation as one of the factors that it will take into account when considering a claim for financial remedies.
Please refer to our pages on Financial Arrangements on Divorce where we have highlighted the factors that the Court will take into account when considering such claims by either party against each other.
Should you require any advice or assistance with regard to the preparation of a Deed of Separation/Agreement then please contact us.
Please call us now on 0116 233 5522 or complete the
Online Enquiry form on the right of this page and we will be delighted to help you.