Divorce & Separation

A separation agreement acts as a contract outlining the rights and responsibilities of each party during their separation. Although not inherently legally binding, it gains legal enforceability when incorporated into a consent order and sanctioned by a court. Even without court approval, the agreement can still be contested or upheld in legal proceedings, serving as a valuable tool for unmarried couples with children or joint financial interests to formalise their separation terms.

Many couples fear the emotional and financial toll of court proceedings, but there are several alternative paths to a separation agreement. These include:

Correspondence with solicitors: Suitable when both parties agree and prefer a quick resolution without mediation.

Mediation: A neutral mediator assists in resolving disputes, particularly over children, finances, or property, aiming for an amicable agreement.

Hybrid mediation: For complex cases, where solicitors support each party and a mediator facilitates the agreement without both parties being in the same room.

Arbitration: Couples can opt for a binding decision from an arbitrator on specific issues they cannot resolve themselves.

Collaborative law: Involves a cooperative approach with family lawyers to negotiate a settlement.

Private Hearings: Engaging a private judge to make decisions.

In separation cases, the child’s best interest is the primary concern. Living arrangements are tailored to benefit the child, considering factors such as their age, understanding of the separation, proximity to school, and parental locations. The goal is to minimize disruption and maintain stability in the child’s life, with flexible arrangements that can adapt to the child’s evolving needs and wishes as they grow older.

When parents are unable to form a mutual parenting plan, they may seek legal intervention as a final option. The court can assist in creating a consent order or, if necessary, impose an order prioritizing the child’s welfare, guided by the Children Act 1989 and Child Welfare Principles. However, we suggest you view court involvement as a last resort, with most families finding resolution through negotiation and agreement outside of court.

If you were not married or in a civil partnership, your financial claims are generally limited to assets where you can demonstrate ownership or co-ownership. This includes properties with your name on the mortgage and any joint investments or bank accounts. Essentially, your financial rights remain the same as if there was no romantic or cohabiting relationship with your partner. However, if you share a child with the other party, you have obligations towards their welfare which may entail certain financial rights (such as child maintenance).

In a divorce or civil partnership dissolution, the law starts with the presumption of an equal division of marital assets. However, this can be adjusted based on various factors, including each party’s needs, financial responsibilities, and the welfare of any children involved. Assets acquired before the marriage or after separation, known as pre- and post-matrimonial assets, are typically excluded unless they have become intertwined with marital life or if the relationship was particularly long, in which case they may be considered for division.

Resolution, a charity founded by family law experts, offers guidance for a constructive approach to family disputes. For court-related advice, the Children and Family Court Advisory and Support Service (Cafcass) provides expert recommendations to ensure children’s welfare in family court decisions. Additionally, some innovative family law apps can serve as integrated platforms for managing co-parenting arrangements, such as 2houses.