DIY legal separation (updated)

Discussion in 'Askaboutlaw' started by wehaha, Apr 14, 2017.

  1. wehaha

    wehaha New Member

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    Hi all,

    I could only find old information about a DIY legal separation.

    Would anyone have a template to share with me, in no way that would make them responsible for my doings?

    Thanks in advance!
     
  2. Sophrosyne

    Sophrosyne Frequent Poster

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  3. Thirsty

    Thirsty Frequent Poster

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    Are you looking for a Separation Agreement? A Judicial Separation? Court orders?
     
  4. wehaha

    wehaha New Member

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    A separation agreement.
     
  5. Thirsty

    Thirsty Frequent Poster

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    A separation agreement is basically terms you agree between you.

    From a legal perspective it isn't worth the paper its written on without being backed up by court orders.

    If you have children or property, I would strongly recommend getting proper legal advice.
     
  6. wehaha

    wehaha New Member

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    No children or property in common, it's more like a peace of mind thing and to set in writing a date in which the relationship broke down for the future divorce application... Do you disrecommend it for that purpose?
     
  7. Thirsty

    Thirsty Frequent Poster

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    A simple affidavit will do for that purpose I would think. Copies of utility bills / bank statements etc., showing separate addresses will be helpful also. Just as you used the expression 'property in common' keep in mind that all property for a married couple is considered to be jointly owned in the first instance.
     
  8. mf1

    mf1 Frequent Poster

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    "If you have children or property, I would strongly recommend getting proper legal advice."

    Absolutely. Maintenance, pensions and Succession rights are often forgotten by lay people and do need to be addressed.


    "From a legal perspective it isn't worth the paper its written on without being backed up by court orders."

    Not really. It can be a problem when the parties are not legally represented and subsequently use that as an excuse/reason to re-visit contractual terms BUT when both parties are legally represented and agree terms which are intended to be binding, a Court will be slow to upset any such agreement.

    "all property for a married couple is considered to be jointly owned in the first instance."

    This is a common misconception. It is more correct to say that , in the event of separation and/or divorce, all assets whatsoever can be taken onto account, by a Court, when making Orders with the concept of "Proper Provision" in mind. Different relationships can be looked at very differently by a Court.

    Twenty somethings, no kids and property gifted by Daddy to one, is very different to the seventy somethings, a lifetime together and lots or few assets in joint or sole names.

    mf
     
  9. Thirsty

    Thirsty Frequent Poster

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    From practical (and personal!) experience an SA is pretty much worthless if one or other party fails to keep to their side of the agreement - the only way to enforce it is to get a court order. So (in my view) you might as well get the JS and have the orders in place.

    I did say "in the first instance", again in my experience, couples often think that assets owned by one party before marriage remain in sole ownership after marriage and as you point out it's not that clear cut.
     
  10. mf1

    mf1 Frequent Poster

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    "So (in my view) you might as well get the JS and have the orders in place."

    It really does all depend on the individual case. Clearly here, the OP wants a DIY solution which generally means

    1. The issues are simple - at least in the mind of the OP
    2. They don't want to pay for legal advice / representation
    3. They don't want the expense of a Judicial Separation

    And I'm afraid that if people won't abide by a Separation Agreement , they are often as indifferent to Court Orders

    mf
     
  11. Thirsty

    Thirsty Frequent Poster

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    Sadly true, but it does make it (somewhat) easier to get garnishee orders for maintenance etc., But don't get me started on the rubbishy system we have...
     
  12. sellornot

    sellornot Frequent Poster

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    I have heard this said many times, So why would a solicitor go to the bother in writing up an agreement if it does not stand up
    in a court of law, and should both solicitor not make sure it is backed up by court orders?

    Sellornot
     
  13. mf1

    mf1 Frequent Poster

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    "So why would a solicitor go to the bother in writing up an agreement if it does not stand up
    in a court of law, and should both solicitor not make sure it is backed up by court orders?"

    Solicitors advise. Clients decide. Not everyone wants a Judicial Separation.

    And, ultimately, we're dealing with real people with all the capacity to screw things up that goes with that.

    If there is no moral compass, no sense of responsibility, an urge to harm and hurt, personality disorder and on and on, the best advice a solicitor can give a client is Walk Away - accept that you made a mistake, you married the wrong person, they'll never change , you have to.

    mf
     
  14. sellornot

    sellornot Frequent Poster

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    The point is when you go for a legal separation and agree terms, and further down the road you go for a divorce
    one or other of the parties might not agree terms, your separation agreement is not worth the paper its written on ?????

    Sellornot
     
  15. Thirsty

    Thirsty Frequent Poster

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    There's no clear cut answer to that question.

    The SA may or may not be taken into account in regards to Divorce proceedings; there's no guarantee.