Separation agreements – how they can help if coronavirus is delaying divorce proceedings

News Article

The breakdown of a relationship can be a hugely stressful time. Couples who have already been experiencing marital tensions, may have found the past few months particularly difficult – with the effects of the lockdown and financial worries adding to an already difficult situation.

However, the practical considerations involved in divorce are much more difficult at the moment.

Family Court hearings are currently being delayed or held remotely and even when they reopen fully, there will inevitably be a backlog of cases to deal with.

This is where a separation agreement can be helpful.

Surjit Verdi, a Partner with Palmers and Head of Family Law explained: “A Separation Agreement or Deed of Separation can be used where a couple cannot, or prefer not, to issue divorce proceedings immediately but wish to resolve the issues arising from their separation.

“It can be extremely useful as it records that a couple intend to live separately and it may also refer to a Divorce taking place at some point in the future.

“Importantly, the Agreement will usually deal with financial arrangements such as the sale or transfer of the family home.

“Arrangements for children can also be included in the Separation Agreement, such as child maintenance payments and how much time they spend with each parent.

“Where a couple are separated, but still temporarily living under the same roof, the Separation Agreement can deal with short term financial arrangements such as the payment of the mortgage and bills. It can also cover living arrangements within the house.”

It is important that certain procedural requirements are met for a Separation Agreement to be recognised by the Law so advice should be sought from a solicitor who is a specialist in this area of divorce law.

Palmers’ Family Law experts are at hand to assist with all Family Law matters including Separation Agreements. For more information, please contact us.

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