ADVERTORIAL
SEPARATION AGREEMENT OR CONSENT ORDER?
WORDS BY SUNITA CHAUHAN, ASSOCIATE SOLICITOR AND HEAD OF FAMILY AT GULLANDS SOLICITORS
Is there any benefit to entering into a Separation Agreement or should we wait for a Consent Order? Separation is different to divorce as the couple remain legally married. There may be a chance they will reconcile in the future and separation may be preferable where religious beliefs conflict with the act of a divorce.
A separation agreement can be entered into quickly and it’ s the framework which allows a couple to live separately and remain married, as you need to be married for one year before you can divorce. It sets out their obligations towards each other and their children, and how they will operate financially during the period of separation. The terms of the Separation Agreement can be varied over time depending on the circumstances arising to necessitate the variation.
A Consent Order is the legally binding document which details the financial agreement reached by a separated couple when divorced. To be effective, it has to be approved by the court and it can only be submitted to court once divorce proceedings have been issued and the Conditional Order has been granted, which takes 20 weeks.
The judge will only approve the Consent Order if they decide it’ s fair and reasonable. If a couple do not have a Consent Order, then they leave themselves open to their former spouse making a financial claim against them in the future provided the claiming party has not remarried. There can be no pension sharing order without a divorce and Consent Order.
Gullands have offices in both Mill Street, Maidstone, and The Terrace, Gravesend; please contact us for further information.
s. chauhan @ gullands. com gullands. com
FAMILY LAW
Wills & Probate Lasting Powers of Attorneys Declaration of Trust Property Disputes Change of Name Deeds Solicitors & Commissioners for Oaths
204 • www. insidekent. co. uk