There are two different ways to obtain a Separation:-

Separation Agreement:

Persons who have been married may separate voluntarily and enter into a Separation Agreement. This is a legal agreement and it can deal with custody of and access to children, maintenance for the children and/or dependant spouse, division of property and succession rights.

Judicial Separation:

Where the parties cannot reach agreement they can apply to Court for Judicial Separation. The Court can deal with custody, access, maintenance, property and succession rights.

Also, the Court can make pension adjustment orders which may give one party a share in the other parties’ pension on retirement. Furthermore, the Court can order that one party no longer has any rights to the other’s pension.

In relation to Separation cases, we will require the following information:-

Your details

  • Name, address, phone number, maiden name and date of birth
  • Occupation, employer and income
  • Is there a second relationship
  • Are there dependents living with you

We need you to give similar details in relation to your spouse

The following details for your Family Home

  • Address and if owned jointly
  • Mortgage details including lending institution, whether joint or sole, history of any remortgage, amount outstanding, repayment amount and arrears (if any)
  • Current market value and history of deposit, source of funds or site and who makes repayments

The following Marriage details

  • Date, place and nature of ceremony
  • Start date of and address while living apart
  • Any pre-nuptual agreement
  • Any previous Separation, Divorce, family law proceedings, solicitor engaged, counselling or mediation
  • Any difficulty with Violence, Drinking or Adultery

The following details regarding Children

  • Name, surname, date of birth, whether marital, non-marital or adopted and state of health
  • Education details including any special educational needs or school fees
  • Childcare arrangements and whether both parents work
  • Maintenance and Access in place or required

Liabilities including:-

  • Mortgage
  • Loans

Assets including:-

  • Family Home
  • Other property
  • Business
  • Shares
  • Savings
  • Life assurance
  • Valuables
  • Car
  • Money due
  • Business equipment

Pension details

Details of any Claims, Redundancy or Inheritances due 

It is also helpful for you to set out a brief history of your Marriage