The process of separating from your spouse or partner can be difficult both practically and emotionally. Our family law team understand how stressful the situation can be and will offer advice and guidance to help you through what is often a stressful and upsetting time.
At Gibson Young Solicitors Putney, we have in-depth experience of separation and divorce law and we will work to ensure you have the expert legal help and support you need throughout.
Many people often separate for a period before proceeding to divorce, with some opting not to divorce at all. It is important to protect your interests during a separation as well as setting out ground rules for your relationship, to avoid misunderstandings and disputes.
By putting a separation agreement in place, you can place your new circumstances on a formal footing. You can set out how your relationship is going to work, to include making provisions for your finances, children and property.
Our team offer a range of services in respect of divorce and separation law, including the following:
• Advice on the next steps, to include whether a separation agreement is necessary
• Drafting a separation agreement
• Negotiating the terms of your separation agreement with your spouse’s solicitor
• Advising you in respect of divorce proceedings
Contact our SW15 solicitors about a divorce or separation.
How our SW15 lawyers can help with divorce and separation
When your relationship first breaks down, you may be uncertain as to what you want to do next. A period of separation before commencing divorce proceedings can give you both the time to think about your priorities and what arrangements you would like to make for the future.
The process of putting a separation agreement in place can help you decide what you want to happen and give you some assurance over your situation at what is often a very uncertain time.
As well as helping you with a separation agreement, our family law team can also discuss divorce with you, if this is something that you want at a later date.
Our solicitors are members of the family law group Resolution, which is committed to a conciliatory and non-confrontational approach to relationship breakdown. We always try to deal with issues without the need for court wherever possible.
Divorce and Separation Solicitors - FAQs
What can I put in a separation agreement?
You can choose what to include in a separation agreement, with the following issues commonly addressed:
• How you will deal with your finances going forwards, to include payment of maintenance and how financial assets will be divided;
• Who will continue to live in a shared home and how the ownership will be dealt with in the future, for example, whether it will be transferred or the property sold;
• Who will take responsibility for any debts you have;
• Whether either party will make a lump sum payment to the other;
• What will happen to personal possessions, including valuable items such as furniture, cars and collectable pieces;
• Issues relating to your children, such as payment of maintenance and arrangements for contact.
Is a separation agreement legally binding?
A separation agreement is not legally binding, however where certain steps have been taken, the court is likely to follow the terms of the agreement if it is asked to make an order.
The points that the court will look for are:
• Both parties have made full disclosure of their assets and liabilities;
• Both parties entered into the agreement of their own free will;
• The separation agreement is intended to be full and final and neither party intends to make any further claims.
The court will consider the above, as well as whether the agreement is fair and adequately provides for the needs of the parties. The agreement must also not adversely affect any children who are involved.
Can you legally separate without a lawyer?
While there is nothing to stop you from separating and putting an agreement in place yourself, it is less likely to be followed by the courts where a lawyer has not been involved. By asking a family law expert to prepare your separation agreement, you can reassure the court that you had legal advice before signing. Your solicitor will also be able to confirm that you understood the implications of signing and that you were not under duress.
What to ask a solicitor about separation
If your relationship has broken down and you need advice about the next steps, a solicitor will be able to talk through your options with you.
Separation can give you some breathing room and you can ask your lawyer about the issues that you could include in a separation agreement.
You can explain your circumstances and go through your concerns and decide how you want to proceed.
Can I get a divorce after a separation agreement?
A separation agreement is often a precursor to divorce. It can remove some of the stress and hostility from the situation and smooth the path for an easier divorce.
It can also be used as evidence that you have separated, which could be needed if you wish to divorce on the basis that you have been living apart for a certain period of time.
Can I get a separation agreement if I am not married?
A separation agreement can also be used if you are not married. You can set out how you want to divide your assets and liabilities and how shared purchases such as your home or car will be dealt with.
Contact our expert London divorce and separation solicitors SW15.
At Gibson Young Solicitors in Putney, we offer both legal expertise and outstanding client service. We are friendly and approachable and our divorce and separation advice is clear and straightforward.
Putney Office:
1 & 2 Crescent Stables, 139 Upper Richmond Road, Putney, London SW15 2TN