How a Divorce Solicitor Can Help

If you and your partner are not ready for divorce but no longer wish to live together, you may want to consider a legal separation. A separation gives you time to think about things and to experience life without the other person. Where a legal separation order is made for two years and you decide that you want a divorce, then you can apply for that divorce on the grounds that you have been separated for two years.

You should find a good divorce solicitor if you are considering a legal separation as he or she will be able to guide you through the process and explain any legal terms. You will also need your solicitor to make application to the court for your legal separation. Separation is less final than divorce but it does mean that the couple have decided they want to live apart. If you and your spouse are still on good terms then it is advisable to seek the help of a divorce solicitor together. When you work together a solicitor can include both your wishes in the documentation that will need to be submitted to the court.

The solicitor will make out a deed of separation, especially where there are children as well as property and financial issues involved. The deed may include information on whether or not you plan to divorce in the future. Your solicitor will advise you that you need to take great care over the information that goes into a deed of separation. The deed of separation document could later be used if you decide that you want a divorce. If both parties have agreed to the terms of the separation and the marriage later ends in divorce, most judges would prefer not to overturn that agreement. The agreement will stand providing both of you were honest in your original declarations and there has been no other change in your circumstances.

Your solicitor will tell you that both the Inland Revenue and the Benefits Agency will class you as living apart when you have a legal separation. As well as a legal separation your solicitor may inform you that there is something called a Judicial Separation which is actually an alternative to divorce. This particular rite of separation is less usual and follows the same sort of procedure as a divorce, which means that the court retains the rights to settle any financial disputes. The main difference between judicial separation and divorce is that while you no longer have a legal duty to live together you cannot remarry while the order is in place.

When children are involved in a separation then you have to file a Statement of Arrangements concerning the child along with your documents for separation. You will need to state any arrangements for the child and give details of the school they attend. You will also need to include anything relevant to the other parent including contact details between them and the child. The educational arrangements refer to any child under 16 and those over 16 who are still in full time education. When you and your solicitor are satisfied that all has been completed the documents will be sent to the court for processing.