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Separation

Some of our clients separate on an amicable basis and wish their terms of settlement to be set out in a Separation Agreement, allowing them to divorce 2 years later by joint agreement. We can prepare a Separation Agreement for you.

Some clients, for religious or financial reasons, do not wish to divorce, in which event we can assist you in applying for Judicial Separation. This Order makes you legally separated but does not dissolve the marriage itself. You can apply for the same financial Orders in Judicial Separation but the Court cannot make a Pension Sharing Order.


A Court would normally uphold the terms of a Separation Agreement entered into between the parties provided that certain conditions have been satisfied.  These are primarily:


  • Each party should have given full and frank disclosure of their financial position.

  • Each party must have independent legal advice.

  • There has been no significant change in circumstances that was unforeseeable at the time the agreement was entered into.