Formal Separation

A formal separation is an alternative to divorce if neither spouse plans to remarry in the near future, and in some circumstances can be financially advantageous to both parties (e.g. where there are shared business interests).

A separation agreement may be made when the spouses no longer live together and there are no divorce proceedings underway. It sets out the agreed arrangements over children, finances and any future divorce. It can be put before the court in any subsequent divorce proceedings and will rarely be overturned if it is properly drawn up.

It is also possible to apply to court for a Judicial Separation. Grounds (e.g. adultery or separation) must be shown, but it is not necessary to prove that the marriage has broken down irretrievably. A Judicial Separation allows the court to make orders concerning finance and property where the spouses cannot agree.

A major advantage of a Judicial Separation or a separation agreement is that they allow a cooling off period before any decision to divorce is made. There is a tendency for those who rush in to divorce to do battle in court, which can exacerbate an already difficult situation. In extreme cases this can result in all the family assets being spent on legal fees.

FNF encourages all parents who are considering divorce to attempt to reach an agreed settlement, using Mediation if necessary. Acrimonious court battles often impact upon the children.

Updated 29-02-2000