I have been seeing articles about there being an increase in Divorce and Separation during the pandemic. I am not sure I agree 100% with that, but certainly there is a lot more stress on families at the moment. I have had plenty of questions lately about Divorce and Separation and I encourage counselling or mediation where it might be useful. But if it is the end of the relationship then that is where I can help.
Going to court can be avoided where the parties agree to enter a separation agreement. Ideally, both parties should be represented by a separate solicitor. Once agreed and signed off, the separation agreement is a legally binding contract and can be enforced by the courts if one party defaults.
Such agreement covers all issues relevant to the parties, such as:
- The family home and who stays there in the family home.
- Maintenance of spouse and children
- Custody of children, access arrangements and education costs
- Succession Rights
- Income Tax
Once parties have entered into a Separation Agreement (called a Deed of Separation) they can later obtain a Divorce provided they meet the criteria, and rely on what they agreed in the Separation Agreement.