This is an alternative to divorce but may lead to divorce after two years with the other party’s consent. It does, however, depend upon both parties obtaining legal advice and agreeing to sign a document. This is only usually appropriate when the marriage breakdown is amicable or friendly or within one year of the date of marriage.
Any financial agreement can be written into the Agreement and the finances settled at the time of the agreement or left until the divorce.
Termination of future financial claims against each other can also be written into the Agreement.
Any contact arrangements in respect of children can also be written into the Agreement.
A Separation Agreement is not legally binding upon the parties and will only become so in a future divorce if:-
(i) both parties have had legal advice;
(ii) there is sufficient disclosure of information to each other and
(iii) at the time of the divorce the Court considers that the contents of the Agreement are reasonable.
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