Legal Separation in England and Wales

In England and Wales, more than one in every hundred marriages ends in divorce. The most common reason stated in the divorce proceedings is "unreasonable behaviour" which usually means that one spouse is not behaving in a way that respects the bonds of the marriage. This behaviour can be indicative of a breakdown of communication between the married couple, with one or both partners needs and wishes not being heard.

It is difficult, to say the least, to with someone who does not listen to or respect your wishes. But does that mean you should divorce? Sometimes spending a little time apart can remind a married couple what they mean to each other, and strengthen the bond between them. Alternatively, it can help them to realise that, however they once felt about each other, their relationship has become unhealthy and they may be better off apart.

Separation is an alternative to divorce, and does not mean that the marriage is over. The time spent apart can be useful for both partners to take stock of how they feel about the marriage and each other.

You can separate without any involvement from a court. But if there are children involved, or you and your spouse cannot agree on the terms of the separation, you should consider legal separation. In England and Wales, a couple can formalise their separation by drawing up a Deed of Separation.

Deed of Separation

A Deed of Separation is a legal contract between a couple which includes the terms of agreement of the separation. It can be used to divide financial assets and property, and arrangements for the care of any children. If both parties agree to the terms, the Deed can be drawn up by a solicitor and there is no need to involve a court. However, if the couple cannot agree on the terms of separation, then a court order may be require to stop one or both parties from breaking the terms of the agreement.

Legal separation may not be the answer for every couple who are experiencing marital difficulties, but for some it can provide the time and space they need to get their feelings in order and make their marriage work. If you and your spouse are finding it difficult to live together, but don't want to end the marriage if you can help it, legal separation may be a way forward.

Legal Blog from BBC Law

Father wins appeal to have contact case heard by a different judge
A father who claimed a judge in contact proceedings was biased against him has won his appeal to have the case heard again by a different judge. The father had applied for contact with his son. The boy’s mother opposed the application because she said the father had subjected her to domestic violence. A fact-finding hearing [...] - 2 weeks ago
Receptionist in age discrimination case receives £6,000
A 66-year-old receptionist who brought an age discrimination claim against a medical practice has received £6,000 in an out-of-court settlement. Ruth McNeil left a permanent job with Marks and Spencer last September to work for the practice in Lothian in Scotland. However, when she presented her P45 giving her date of birth she was told she [...] - 2 weeks ago
Funding of care for the elderly comes under scrutiny
The current system of funding care for the elderly has often been criticised because some people have to sell their homes and pay hundreds of thousands of pounds for their care while others pay nothing at all. It means that for some people, the inheritance they hoped to pass on to their children gets used up [...] - 2 weeks ago
Tenant’s notice to exercise break clause was not valid
Two companies belonging to the same group have failed to exercise their right to break a commercial lease because only one of them served notice on the landlord. One of the firms involved was dormant and was a completely owned subsidiary of the other, active company. Together they had been granted a ten-year lease on a [...] - 3 weeks ago
Woman has no rights over house she helped her brother to buy
A woman who helped her brother buy a house has been told she has no claim on the property and cannot force it to be sold to enable her to get her money back. The house was bought in the brother’s sole name in 1999. The sister said she contributed a substantial sum of money towards [...] - 3 weeks ago
More firms taking legal action to recover debts
UK companies are stepping up their approach to dealing with bad debts, according to a new survey by the business information provider, Creditsafe. Its research shows that one in four businesses intend to take legal action over the coming year to enforce the recovery of outstanding debts. The tougher approach comes as six out of 10 [...] - 3 weeks ago
Patient receives compensation after gauze left in surgical wound
A woman has received £13,500 for the pain she suffered after some gauze was left in a surgical wound following an operation. The woman had surgery to treat a sinus problem at her local hospital in 2005. The hospital informed nurses at the woman’s GP practice that the wound had been left open and lightly packed [...] - 3 weeks ago
Company entitled to damages from director who set up rival firm
A company is to receive compensation from a former director who set up a rival firm. The company provided engineering and technical personnel for clients including the United States Defence Department. Its operations director, who was also an employee of the company, was responsible for the management of the business. While still working for the company, the [...] - 3 weeks ago