A legal separation is a formal process of separation that doesn’t involve ending a marriage or civil partnership through divorce. It’s a suitable option for couples who wish to live apart without formally dissolving their union.
A legal separation can be a helpful option for couples who want to live apart without immediately divorcing. At Fard Solicitors, our legal separation solicitors in Surrey and London provide clear, compassionate guidance to help you understand your rights, financial responsibilities, and the steps involved in creating a legally recognised separation agreement.
You might opt for a legal separation due to various reasons, including:
If your beliefs do not align with divorce.
If you've been married or in a civil partnership for less than a year.
To have space and time to decide if ending the marriage or civil partnership is the right choice for you.
Before applying for a legal separation, it’s important to decide whether to make a joint application with your partner or apply individually.
A joint application is suitable when both partners agree on the separation and there are no risks of domestic abuse. Note that both parties must be eligible for any fee assistance applied for. An individual, or sole, application is appropriate if your partner disagrees with the separation or if you anticipate non-cooperation from them.
During the separation process, you and your partner can make arrangements regarding:
Deciding on custody and living arrangements for any children involved.
Establishing financial support for children.
Agreeing on how to divide money and property. Reaching an agreement can often prevent the need for court hearings.
The cost for obtaining a legal separation is £365. This fee is for processing the application and making the separation legally recognized.
You can find the official court fee information on the GOV.UK legal separation page
At Fard Solicitors, we understand the sensitivity and complexity of legal separation. Our team is dedicated to providing you with personalised advice and support throughout this process. Contact us for expert guidance on legal separation and to explore your options with confidentiality and professionalism.
Separation occurs when a couple decides to live apart without formally ending their marriage. It allows individuals to manage their responsibilities, assets, and debts separately while remaining legally married. This can be a viable option for those not ready to divorce or whose religious beliefs discourage divorce.
Couples might consider separation during marriage difficulties as a "trial period" to resolve issues or if divorce isn't possible due to the duration of the marriage or religious beliefs. Separation can serve as a step before deciding on a divorce or as a long-term arrangement if reconciliation seems possible.
A separation agreement is a legally binding document that outlines the terms agreed upon by the couple regarding financial arrangements and responsibilities. It requires full and honest financial disclosure and should be created with legal guidance to ensure fairness and legality.
While separation agreements are intended to be binding, they can be reviewed by the courts, especially during subsequent divorce proceedings. The courts will consider the fairness of the agreement's terms and whether both parties understood their financial situations and were under no undue pressure when they entered into the agreement.
Post-separation, the division of jointly acquired assets like property depends on prior agreements and the intentions at the time of purchase. Legal advice is crucial to determine ownership rights and how to handle the division or sale of property.
Both parents are obligated to financially support their children post-separation. Child support can be arranged privately or through the Child Maintenance Service (CMS). Additionally, the couple must arrange how they will manage the care and welfare of their children, with legal guidance to formalize these arrangements if necessary.
