When couples decide their relationship has broken down and they choose to separate, some remain separated rather than getting a divorce. When choosing this couples need to consider the risks associated with this approach;
- Estranged couples lack legal protections and rights in matters relating to pensions, property, inheritance and other financial matters.
- Estrange couples remain financially connected.
- Child arrangements and maintenance could cause confusion without clear guidelines.
- Estranged couples are exposed to future claims against each other.
- In the event of one parties death, the surviving partner can claim on the deceased spouse’s estate.
However, if both parties decide separation is the right way for them, it would be sensible to formalise the separation with a separation agreement.
Separation agreement
A separation agreement is a written contract between a couple who are separating, outlining how they will manage their finances, property and children living apart. It is a way to formalise agreements during a trial separation or while deciding whether to divorce. While it is not legally binding upon divorce or dissolution of a civil partnership, it can be influential in court proceedings if fair and properly drafted.
If you require further advice in relation to a separation from one of our family solicitors in Southampton or on the Isle of Wight, please contact our team today.
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