What is a Deed of Separation?
A deed of separation is an agreement between separating spouses. Issues addressed in a deed of separation are similar to those issues in a divorce process and include the division of assets and debts, child support and access to children and spousal support.
Is a Deed of Separation legal?
Technically a deed of separation is not legally binding. However, if drawn up by experienced legal professionals, it can be a legal document. This is because a separation agreement is also a contract. And because it is a contract, it can be challenged and used in the same way any legal contract can be in a court.
During a divorce process, a deed of separation can be made legally binding by being made into a consent order through an application with the court.
Can a Deed of Separation be used at a divorce?
A deed of separation can protect your interests until you decide to get divorced and often sets a precedent for the divorce that may follow. For that reason, it is important that you agree to a deed of separation that both parties are happy with.
Do we have to go to Court?
It is possible to enter into a written separation agreement without having to go to Court. Private agreements are generally more amicable, cheaper and can cause less upset, especially if there are children involved.
What will happen to the Children?
Generally, depending on the circumstances of the separation, a Residence Order can be agreed upon. This will determine which parent the child shall reside with but also provides details of contact for the other parent.
Do I need a solicitor?
Although not compulsory it is advisable to allow a Solicitor to draft a formal separation document, a deed of separation particularly if there are children involved, having the right legal advice is very important.
To find out more contact our family law team in Boston, Lincoln, Grantham, Sleaford and Newark.
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Paul RichardsonSenior Associate Solicitor - Family Law
How can we help?
