Legal Separation

WiseOldOwl

Is it possible to get legal separation without solicitors? We agree on the main things (custody, house). Waiti g on mediation but ex is leaving the country soon so probably won't get to do it. Would like something legal before he goes. I know there is diy divorce sites but only separated months so too soon for that.

FishOnABike

That depends on what you mean by legal separation.

You can draw up a separation agreement or deed of separation without any legal advice if you want to but, like any contract or legal agreement it might be advisable to get legal advice depending on the number and complexity of things that need to be addressed.

The main issues usually dealt with in a separation agreement would be

An agreement to live apart
Agreed arrangements in relation to custody and access to children
The occupation and ownership of the family/shared home and any other property
Maintenance and any lump sum payments
Indemnity from the debts of the other spouse/civil partner
Taxation
Succession rights .

It can be made into a rule of court by application to the court. This ensures that all the terms agreed upon can be legally enforced where covered by appropriate legislation.

For a judicial separation you need to be living apart for one year before you apply to the court.

For divorce you need to be living apart for two years before you apply to the court.

Depending on how soon your ex is leaving the country you might or might not have the time to apply to have a separation agreement made an order of court. If you want to take this step engaging a solicitor who knows how to he courts system works could speed things up significantly.

Without involving courts or solicitors you can have a separation agreement which is essentially a contract between two people. If you wouldn't draw up a business contract without legal advice you shouldn't draw up a separation agreement without legal advice.

The chances of a contract not covering everything it should and being flawed and / or open to challenge at a future date are higher if done without any legal advice but it can be done.

randomrb

You also have to bear in mind that conditions in legal seperations can be overturned in a later divorce. Its not as binding as a divorce