Separating from a partner is always a difficult and emotional process. Separation can be more complicated if you have joint assets, share a home and or have children together. Whether you are married or not, if you know your legal rights and the options available to you, you can make informed decisions at what can be a very emotional time. We always advise you to take early specialist legal advice.
If you are able to agree the arrangement for your Separation which may include a financial settlement, your lawyer can assist you in incorporating your agreement into a legally binding contract often referred to as a Separation Agreement.
Divorce is not always the answer for some couples and legally separating can be a preferred option for a number of different reasons. A Separation Agreement is a contract drawn up between you confirming that you agree to separate and live apart. The Separation Agreement is based in contract law and can deal with the division of matrimonial assets and give the option for a divorce at some point in the future maybe when you have been separated for two or more years. Although the Matrimonial Courts retain jurisdiction within future divorce proceedings, case law has shown that Courts are reluctant to go behind the terms of a properly drafted Separation Agreement where both parties have had independent legal advice and there has been full disclosure of the assets.
At the initial meeting with your lawyer you will be able to explain your circumstances to your lawyer, who will then inform you of the law and your legal position. Your lawyer will also explain your options to you and recommend a best course of action for you to take.
Holmes & Hills has six offices across Essex and Suffolk, so you can meet your Family Law lawyer at any one of our offices in Colchester (Marks Tey), Braintree, Sudbury, Halstead, Tiptree and Coggeshall, whichever is most convenient for you.
Our family team are also able to help if you are seeking a solicitor to deal with a formal divorce and the related issues that may need to be dealt with.