Steps To File For A Legal Separation

Things aren’t working out between you and your spouse lately, and you both have finally decided to move on? The initial step is to file for a legal separation. A legal separation is a legally binding contract that is similar to a divorce. The major difference is that on the documents, your rights as a couple and your marriage remain unharmed. As in divorce, there will be a separation and division of finances and a child custody matter to resolve.

It’s also worth noting that if you both apply for legal separation, everything you both decide to in the separation agreement will take priority if you later file for the divorce. If you decide to let your spouse reside in the marital home while you apply for a legal separation and keep making loan repayments, a court may compel you to do so even after the divorce.

Getting a legal separation in the UK can be more complex than you think. Following are some steps to file for a legal separation. It is recommended to take the advice of an expert divorce solicitor when opting for legal separation.

CONFIRM YOUR RESIDENCY REQUIREMENTS

The first step in getting a legal separation is to meet the residency requirements of the region. It is the same as divorce. You can learn more about it by reading the divorce law of that region.

FILE SEPARATION PETITION

Once the residency requirements are met, you can file a separation petition. It can be done using an attorney or taking help from a divorce solicitor for guidance. Different counties and states have different fees for filing a separation petition

FILE AND SERVE LEGAL SEPARATION AGREEMENT

After filing a separation petition, a separation agreement is filed. This agreement includes child support, custody, and the distribution of financial assets, and other guidelines related to separation. If the separation agreement is not filed jointly. Then your spouse will have a certain period to respond to the separation agreement.

SETTLE ISSUES AND SIGN THE AGREEMENT

If your spouse does not agree with the separation agreement, they can file a counter-petition, and then you both have to settle the issues, and disputes must come to a certain point. Sometimes the disputes remain unsettled, and the services of a judge are required to solve these complex issues.

Once you both have agreed to the points mentioned in the petition, you both are required to sign the agreement and finalize it so that it can be entered into court records to be approved by a judge.

EXECUTE THE LEGAL SEPARATION AGREEMENT

Once the separation is made official by the judge after receiving the signs of both parties. The original document is kept under the records, and both provide copies. Be sure to carefully read the agreement and try to execute it as agreed.

 

GET THE BEST DIVORCE SOLICITORS IN THE UK FOR FILING LEGAL SEPARATION

Looking to file a legal separation? Wembley Solicitors provide the best solicitors who are experienced and professional and have been in the family law field for several years. We can help you in resolving different types of legal disputes. Our services include tenancy solicitors, immigration solicitors, family law solicitors, etc.

Reach out to us to learn more about our services.

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