Sometimes gay couples wish to separate without divorcing or dissolving their civil partnership, for example where one or both parties are not yet ready to finally end the relationship, where the marriage or civil partnership has lasted less than a year or there are no grounds for divorce or dissolution.
Separation usually involves living apart, although you can live in the same property and still be separated if you no longer sleep and eat together or do any domestic chores, such as ironing or washing, for each other. If you decide to separate, you can:
- live separately and apart without any agreement relating to children, money, property or other issues
- live separately and apart, putting in place an informal agreement covering issues such as financial arrangements, property and arrangements for children, which may not be legally binding.
- sign a document setting out the terms of the separation, called a Deed of Separation, which a solicitor should prepare. Providing certain conditions are met there is a good chance that such an agreement will be upheld by the court.
For more information on our same sex marriage and civil partnership legal services, please contact Palmers’ family law team in Essex.