Separation

It is often the case that parties are not ready to proceed with a divorce but do wish to settle their financial circumstances upon separation. Raleys have a great deal of experience in this area.

In such cases, it is possible to enter into a Separation Deed. A Separation Deed is not a binding Court order. It is a contract between the separating couple who respectively agree to be bound by the terms of it. Therefore, if one party subsequently fails to adhere to any terms of the contract, it is for the other to enforce the contract by making an application in the county court for breach of contract.

If, after a Separation Deed is agreed, there are subsequent divorce proceedings such an agreement could be confirmed by a Court order known as a Consent Order provided that, at the time the Deed was entered into, both parties had the benefit of legal advice and exchanged full details of their financial circumstances, supported by documentary evidence. However, if the Deed does not reflect a fair settlement of financial issues, or one of the parties no longer agreed to the terms, the matter could possibly be reviewed again if there was, for example, a material change in circumstances.

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If you would like to make an appointment please telephone us on our freephone number which is 0800 0730831 or email us using the website links.