Do I Need A Divorce or Separation Agreement?

By February 5, 2019
separation agreement vs divorce

Do I Need A Divorce or Separation Agreement?

A divorce and separation agreement sound very similar however they are in fact completely different.

They have different legal status, they cost a different amount, and they involve very different things. This post will help you decide which is best for you.

So what is a Separation Agreement?

A separation agreement is an agreement made by a married couple that wishes to finalise their financial arrangements whilst separated.

The agreement outlines how the couple will divide finances, assets and child care and put it into a legally binding contract, If one party does not keep to the revision in the contract then legal action can be taken.

A verbal agreement has no legal standing in cases like this; if a married couple does not wish to divorce but want to separate then a written contract is the only way forward.

If you verbally agree to divide your finances and assets together but do not write this in a separation agreement then it will not count. If one party was to stop paying what they verbally agreed to pay you will have no legal standing and you may have to pay it because you are still legally married.

What is a divorce?

A divorce is a legal dissolution of a marriage by a court. A divorce provides you with a complete detachment from your ex-spouse. However, it does not provide you with a legally binding financial consent order to finalise your finances.

A financial consent order is similar to a separation agreement but is for those that have divorced and want to finalise their finances. This will provide you with complete separation from your ex-spouse forever.

What are the main differences?

A separation agreement is great for those couples that wish to separate but do not want to divorce. However, it’s important to note if you then go on to divorce you will then need to purchase a financial consent order.

A divorce will completely end your marriage but will not end your financial ties. That is what a financial consent order is for.

How can we help?

We can offer a service for whatever path you wish to go down. We offer separation agreements, divorces and financial consent orders. All of our services are drafted by qualified and professional individuals.

All of our services are a fixed fee rate and will on average save you over £750 compared to high street solicitors.

Talk to one of our friendly and professional advisors today on 01793 384 032. They can advise you on what your best option is and what the process involves.


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