Thanks for your question.
As an alternative to divorce some spouses do choose to enter separation agreements. These are essentially contracts between the spouses and deal with the agreement to separate itself, maintenance payments (usually if any children), property, children (ie. residence, contact).
They can be prepared very quickly and are flexible. However, because the Court is not involved they can be harder to enforce as it is based on contractual principles which is a little different to normal divorce. For this reason it is essential that you both take independent legal advice before executing the agreement in order to show that you both intended the agreement to have legal effect.
If this is useful please kindly click accept so that I am rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.
If you are not receiving any money from your husband from your children then you need to speak to the CSA to work out the maintenance payments he should be paying:-
There is no real need to document the fact that you are both separated provided you both consider that you are actually separated - you could in the future apply for a divorce petitioning on the grounds of separation (two years) and provided you both agreed you were separated from a particular date no further evidence of this would need to be produced.
You are taking general legal advice from me. Were you to enter in to a separation agreement you would require specific legal advice from a solicitor who has verified your identity, taken detailed instructions, corresponded with your husband's solicitors etc.
I hope this clarifies if so please kindly click accept.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).