When drafting the agreement, each party must seek its own separate legal advice and then exchange all relevant financial information. Both parties must agree to the full disclosure of this information for the agreement to be a valid agreement. A party`s failure to disclose assets could result in a subsequent revocation of an agreement by a court. The agreement can be made by a court once the divorce proceedings have been initiated – usually if the parties have been separated for a period of two years. This allows parties to resolve important financial issues quickly and without the additional costs and stress that can be caused by court proceedings. A prenuptial agreement can also dissolve ownership of joint purchases such as a car or household furniture. You can decide, with the help of your lawyer, what you want to cover in the document, provided that both parties agree. One of the biggest advantages of a prenuptial agreement is that you can agree on these issues without waiting for the divorce proceedings. If you do not hire a lawyer and there is consent to divorce or dissolution, you can obtain information from the Courts and Tribunals Service of Northern Ireland. You can contact the marriage office as a “personal applicant” if you can apply for divorce/civil partnership/separation. A legal separation allows you to live separately without divorcing or ending a civil partnership. Due to the coronavirus (COVID-19), the processing of legal separation requests is taking longer than usual.
But a court, for example, would not allow any of you to be bound by a clause in the agreement that states that you can never go to court to get child support. If you stick to it, a deal can ease the heat of the relationship breakdown and means you both know where you stand. If you need advice on a separation, please contact Clare Curran or Naomi Devlin, our family law advisors on 028 91811538 or clare@worthingtonslaw.co.uk or naomid@worthingtonslaw.co.uk We apply a transparent cost structure so that you understand what you are being charged, the fees and the effort. You will also be informed that your spouse will bear the costs of the divorce if a ground of fault is used and not defended. A two-year separation or a five-year separation divorce means that you may be responsible for 50% of the cost or all of the costs of filing for divorce. To obtain a legal separation, you must complete an application for separation and send it to the court. In rare cases, you can opt for legal separation (also known as legal separation). Are you planning to make your separation permanent? If this is the case, the separation agreement should include a financial agreement that will be submitted to the court when the divorce or dissolution is finalized. Understanding marriage and separation arrangements in Northern Ireland Fortunately, this doesn`t have to lead to costly, lengthy and stressful court proceedings.
If you and your spouse agree that the issue of finances needs to be resolved, then a prenuptial agreement could be the way to go. The decision to separate or divorce is not an easy one. It is important that you understand the basic facts, including what constitutes legal separation. We meet many clients who assume that they need a court document to confirm the fact of legal separation. This is not true; a physical separation is a legal separation. This is important if there are no other grounds for divorce. MKB Law`s family law team explains the divorce process below. If you are planning to divorce in England, Wales or Northern Ireland or dissolve your civil partnership but have not yet submitted the documents, you can have a separation agreement drawn up. This is where it is determined who will pay the rent or mortgage and the bills until you decide to proceed with your divorce or dissolution. Legal separation does not end the marriage or partnership – you are simply exempt from the obligation to live together. A separation agreement is useful if you haven`t yet decided whether you want to divorce or dissolve your civil partnership, or if you can`t yet. This is a written agreement that usually sets out your financial arrangements when you are separated.
It can cover a number of areas, including: Although they are not legally binding, when challenged, the court will maintain agreements that have been negotiated properly and fairly. You don`t need legal advice when drafting a separation agreement, but it`s a good idea. If you`re not open and honest about your finances, it probably means you won`t be able to count on the deal in the future. .
