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Separation

Solicitors for separation agreements in Basingstoke

You don't have to get divorced - you may prefer our family solicitors to help you simply formalise your separation with a Separation Agreement.

It is not necessary for you to be living in a separate house from your husband or wife; you may be living separately under the same roof and still be able to agree terms amicably.

You may have separated from your husband or wife, with the intention of issuing proceedings for divorce when a period of two years has passed, but wish to record arrangements that have been agreed at the time of the separation in the mean time.

Separation agreements

A Separation Agreement (sometimes called separation contracts) can deal with children issues and financial matters, or any other matters that you wish to cover, such as the division of the contents of your home and personal belongings.

Separation Agreements can form the basis of a contract between you; however the Court in any subsequent divorce proceedings is not bound by the agreement, although it will be considered as one of the circumstances of the case. It is good evidence of what you intended but each of you is entitled to have your circumstances at the time of any Court proceedings taken into account.

Most financial applications within divorce are settled by consent and, provided the terms of the Separation Agreement represent a fair division of assets and the arrangements for the children are satisfactory, the Court is likely to endorse your agreement.

It is advisable for there to be full disclosure of your finances before terms of separation are agreed and the negotiations should generally proceed on that basis. An agreement is less likely to be set aside in subsequent proceedings if full and frank disclosure has been provided and both parties received independent legal advice.

It is a good idea to have specialist legal advice at the outset. Our team at Phillips is a dedicated team of specialist family lawyers who can advise and assist you through this difficult time.

We welcome informal telephone enquiries and your initial call will be handled by one of the team so that the person best suited to your individual needs can be identified at the outset.

Please call us on 01256 460830.