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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My husband and I wish to separate informally. Presumably we

Resolved Question:

My husband and I wish to separate informally. Presumably we need some kind of document to confirm this. Please could you tell me how to go about it - do both parties need to sign this document (my husband is abroad), and if in the event of a reconciliation, is it possible to end the separation, and how.
Many thanks
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi,

 

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.

 

Kind regards,

 

 

Tom

Customer: replied 6 years ago.
Thank you. I have some logistical problems as my husband is abroad - can I make some kind of statutory declaration that he has left the marital home, which only I need to sign, but that will assist me in getting the financial assistance I need as I am managing my family on my income plus savings. The marriage has not broken down irretrievably and there is still the possibility of reconciliation, but in the meantime I am struggling. I also was under the impression that I was taking independent legal advice - from you!
Expert:  Thomas replied 6 years ago.

Hi,


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.

 

Kind regards,

 

 

Tom

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