When a marriage, or civil partnership, runs into difficulties, sometimes neither spouse wants to immediately issue a divorce, or dissolution petition and sometimes they don't wish to divorce at all; but, upon their separation from each other, do want to put some formalities in place to help the family deal with such things as parenting arrangements and financial arrangements.
We can assist you by advising on all the issues that need to be considered, as well as supporting you through a mediation or collaborative process if that is the route taken to resolve matters; or conducting negotiations on your behalf to achieve an agreed outcome.
The agreement is then recorded formally in a Separation Agreement and signed by you and your spouse / partner. Although not binding on the Court at the time of any divorce or dissolution proceedings (i.e. the Court can change the terms if it considers it appropriate), usually the Court will be very slow to make a different order where a Separation Agreement has been put in place by the couple following full disclosure, proper discussion/negotiation having taken place and legal advice taken
It is possible to obtain a formal Order from the Court - through a Decree of Judicial Separation. In law, therefore, the husband and wife remain married, or the couple remain in a Civil Partnership. In the main, the couples who take this route have a moral or religious objection to divorce.