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All we would like to have a happy relationship with our partner, but life sometimes does not agree. I am a middle-aged person, and I had some relationships that had not a happy end.Sometimes it depends on you, sometimes it depends on your partner but the result does not change and a separation is the only way to go on, especially if you are married. In case of marriage, separation is a step taken to avoid the divorce.
However, if you and your partner decide to separate, there is not an official document to attest the separation. You are separated in the same moment you are living apart from your partner, and that is almost all. There is anyway a private document that attests the separation and that may be useful to reduce the costs, the stress and the resentment, which are usually in relation to a separation. This document is a separation agreement (or even “deed of separation”).

A separation agreement is done between partners who have decided to separate or are at the point of divorcing. Separation agreements include the regulation of all possible issues arising from a separation, such as properties division, family home’s ownership, maintenance, children custody and related visitation rights. separation agreements are very useful in the potential process of divorce, which will be less litigious.
There is no need of the intervention of the Court to make such agreements, they can be done privately. The Court can apply the conditions of the agreement in the process of divorce, if both parts still agree on the terms of the document. In some circumstances, it happens that separate partners keep on living in the same house (or property) as two single people because physical or financial problems do not allow to do differently.

If case of such event, the two parts must come to an agreement where all arrangements are stated, such as how to share meals, how to share laundry and domestic arrangements rather than the attendance to social events together. Remember that if you decide to make a separation agreement, you are still married. I suggest that you decide the terms of the agreement together with your lawyer, as it is usual. This will ensure you that the terms of the agreement have been reviewed by a qualified person, just like for your partner.
As in such agreements properties divisions are the most controversial issues, I suggest that your lawyer will manage to settle the terms of the agreement with other party’s lawyer. This should avoid unpleasant discussion with your former partner. Separation agreements are very helpful in case both parties do not want to divorce but do not exclude to do that later on and in case of absence of the necessary grounds for divorce. If one of the parties decides to divorce afterwards, this can be done after two years since the date of the separation agreement.

If you want to make a separation agreement, my advice is that you contact one of the organisations that are associated to the United Kingdom College of Family Mediators. When you have the mediator at home, I personally recommend the presence of your solicitor, who will help you to start with the separation agreement procedure. The assistance of your solicitor is mandatory because separation agreements require that you have received a legal advice related to the agreement, and it is a valid support because separation agreements may be the base of a future divorce.


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Category Family Law, Other Articles by - Raj Kumar Makkad 



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