Separation & Divorce

When your marriage comes to an end, you have a number of options available to you.

A Separation Agreement is where both spouses or partners agree on how they will live separately into the future.

It is an out-of-court agreement which means it is not set out by a judge therefore no orders are made.

Fundamentally it is just a statement of each others intentions.

A Separation Agreement does not dissolve the marriage and can not deal with pensions.

A Separation Agreement is a legally binding contract. Any breach of the agreement can be dealt with through the Court as a breach of contract, it is not a Family Law matter.

Where both spouses cannot agree and want a judge to make a decision about their affairs, they can apply for a Judicial Separation. This can also be achieved when there is agreement between the two parties.

A Judicial Separation is a Family Law matter and the court will make orders determining how both spouses will live separately.

As with a Separation Agreement, a Judicial Separation will not allow you to remarry.

A Divorce is a court order made by a judge dissolving a marriage. Each of the spouses can remarry after a divorce order is granted. A Divorce can be achieved both when there is agreement and if there is no agreement the court will make the decisions.

It is not necessary to have a Separation Agreement or a Judicial Separation before applying for a Divorce. However, you must have

been living separate and apart for at least two out of the last three years in order to apply to the court for a Divorce. As part of your

Divorce, as well as dissolving the marriage, the Court will make orders, whether by agreement or not, in relation to maintenance,

access, property, pensions etc.

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