Divorce?...What’s the rush?

When couples separate often the last thing they want to think about is Divorce.  Their focus is on sorting out the financial issues or arrangements for the children, which are often more important to them.

Clients often say to me that really the "Divorce" element of their separation isn't that important to them immediately and some even would say that they don't like the idea of such finality when they have just separated (despite intending to remain apart and clear about their wish to separate).

If agreement about financial matters can be reached then issuing proceedings is not immediately necessary and parties may choose to delay issuing a Divorce Petition and enter into a “Separation Agreement”. The purpose of a Separation Agreement is to set out the financial arrangements clearly and in such a way that it will be upheld by the Court later on.

Most commonly the intention of parties dealing with a break-up in this way will be to issue Divorce proceedings and apply to the Court for the terms of their agreement to be incorporated into a legally binding Court Order at a later date – usually after they have been apart for a period of 2 years. That allows time for emotions to be worked through, people to move on and for the Divorce then to be dealt with amicably and at a time when the parties feel more ready to deal with it.

Separation Agreements cannot be used where there is dispute between the parties as to how assets are to be divided. If Mediation cannot resolve the dispute or it cannot be negotiated then Court proceedings might be needed to determine matters. Financial proceedings cannot be brought without Divorce proceedings first being issued and, in some circumstances therefore, an immediate Divorce is necessary.

The same goes for cases in which there is some urgent need for the Court to intervene, perhaps where assets are being dissipated.

There are emotional benefits to dealing with separation in this way but Separation Agreements are not a “quick fix”. Separation Agreements are not legally binding and will require the Court's approval (which may only be given once Divorce proceedings have been issued and the Decree Nisi granted) to become so. 

They must be approached and prepared properly to hold weight with the Court and ensure a fair outcome and it is important that both parties provide detailed financial information to one another and have the opportunity of taking independent legal advice.

So... consider it as an option and take advice about whether it might be possible in your case.