'Separation Agreements' an Alternative to Divorce
What is a Separation Agreement?
Divorce is not considered as a viable right option by all the unhappy couples living in the UK. For some of those with religious feelings divorce is a taboo. For some of the recently married who have not completed the required period of separation divorce is a distant dream. Some of the couples do not want to stay together or do not want to enter in to wedlock again or considers the procedures of divorce as an ordeal. For all of them a Separation Agreement is a practical alternative.
A Separation Agreement allows a couple to conclusively agree on the following:
The Separation Agreement offers an official acknowledgement that the couple are actually living separately and they have reached an agreement to do so.
Judicial consent is not mandatory for a separation agreement; they are gentlemen/women agreements signed by the couple. If either of the couple goes back on their agreement the judiciary will come to the rescue after the terms and conditions of the Separation Agreement are reviewed by the Court. It is always in the interest of the couple to have a formal Court Order for the separation. The stipulations in the agreement are always different for short term and long term arrangements.
People Prefer Separation Agreements
Separation Agreements are not ambiguous. Separation Agreements are regulated and considered within the ambit of the law for all practical purposes. The couple who intend to separate and do not want to undergo any lengthy legal ordeal prefer Separation Agreements.
A Separation Agreements is also called a Judicial Separation if completed with in Court. The main benefit of a Separation Agreement is it allows ample time for couples to arrive at a decision regarding divorce. It allows people to sit together and discuss things, even with a third party consultation, before rushing to the Court for redress. People prefer Separation agreements to save money on hiring a lawyer and in court procedures.
A Separation Agreement is much preferred by those who are already living separately from their partner. Most of them do not want to initiate any prescribed lawful procedures leading to divorce to live separately. They prefer to have an arrangement with their spouse after discussing in detail the shareable assets and childcare.
People prefer Separation Agreements to avoid worry, sourness, fury, sensitively perplexed children, visit to courts and costly legal fees, rushing through the divorce.
Different to a Divorce
Separation Agreements are almost similar to divorce in every aspect. They cover everything that a divorce covers and considers, including children, pension etc. It can also help to decide about the assets and liabilities just like a divorce. But it is not like a court order issued during the divorce process about the possession of the marital home or other possessions.
The major difference between a divorce and Separation Agreements is that divorced couples can remarry anyone and start their life afresh. A couple who has opted for a Separation Agreement or Judicial Separation will not be allowed to remarry because their marriage is still legally intact and not annulled by the Court. If either of the couple wanted to remarry then they would have to undergo all the procedures of divorce before marrying again.
Separation Agreements Affect Divorce in the UK
Separation Agreements are slowly becoming popular as an alternative to divorce. There is no meddling by the judiciary, no fat fees payable to lawyers and, above all, they give enough time to decide about a legal divorce.