If you are considering separating from your spouse, and do not wish to immediately proceed with a divorce, it is perfectly legal to do so.
However, you will remain joined in marriage and your spousal responsibilities to each other will not be dissolved.
If you do not wish to get a divorce, perhaps on religious grounds, you can seek a judicial separation through the courts to formally recognise your situation of living apart.
Alternatively, you may wish to negotiate an informal separation agreement so that you and your spouse can agree organisation of finances and living arrangements before going ahead with a divorce.
To find out more about Healys’ services, and to see how our separation solicitors could help you, please click here.
When is a separation formal?
If you and your spouse no longer live in the same house on a day-to-day basis, you are separated.
If you still live in the same house, but perhaps in separate parts of it, it might be possible to define you as ‘separated’. However, the separation could be more difficult to prove in a court of law.
To make your living-apart arrangements more formal, you may wish to negotiate a separation agreement, something which may prove very useful should you wish to proceed with a divorce.
Seek Independent legal advice
To help you draw up an agreement which will set out arrangements for children, finances and who will live where, you will almost certainly need to speak to a separation solicitor. Most family lawyers will be able to advise you on drawing up such a document.
However, you and your spouse must seek legal advice separately and all advice must be taken guardedly as the contents of any agreement could be used in a divorce court at a later date.
Do you need to speak to a separation solicitor?
The family and matrimonial team at Healys LLP, in London and Brighton, have many years’ experience as specialist divorce and separation lawyers, and our knowledge of this field of law has taught us that each situation is unique.
We will help you by listening sensitively to your personal circumstances before offering straightforward, pragmatic legal advice to help you weigh up your options.
Call or email the team today. We are here to help.