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Some couples whether married or unmarried prefer not to divorce or end their civil partnership through immediate court proceedings. Separation agreements are a useful alternative to court proceedings. Separation agreements are not absolutely binding in England and Wales but if all the formalities are complied with the courts will unless there are exceptional circumstances hold the parties to the separation agreement.

The slight downside to separation agreements are that they involve an element of duplication of legal work. Nevertheless separation agreements are still popular and Betteridges will be able to advise on the merits of a separation agreement and it’s likely cost. Separation agreements are not for everyone one but they can often be the solution to a particular problem.

Separation agreements are not to be confused with Judicial Separation which does involve formal court proceedings. A Judicial Separation Decree or JS decree is useful when for example a couple have been married less than a year but require formal steps to be taken before a year has expired.

Practicing Roman Catholics often chose Judicial Separation proceedings rather than Divorce proceedings in order that they can obtain court orders following separation without having to get divorced.

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