Marriages may be made in heaven and realised on Earth, but circumstances might not make them last forever. Also, there are couples who do not wish to enter the matrimonial bond and thus end up being civil partners. When civil partners or a married couple chooses to live separate lives, they may sign up for a separation agreement. Since it is an agreement signed after obtaining mutual consent from both the partners, it is necessary that both the partners agree to all the clauses made in the agreement.
The legal separation is manifested through a contract, which elaborates on the rights of each of the partners and also their obligations to each other. The contract terms are decided through negotiation and mediation after consulting the solicitors of both the parties. If both the parties are willing to cooperate, then the agreement can be prepared in real quick time, and the whole process turns out to be much cheaper. On the other hand, a long drawn court case can turn out to be extremely stressful for both the partners. You will find some couples who prefer to go for their separation in this way. The stage of mediation and negotiation is an important one. Mediation is in no way connected to marriage counselling. It is intended to help cohabiting couples who have decided to go separate ways to solve any disputes that might surface concerning property rights and maintenance and access and the custody of children. The process takes up six to seven sessions based on the degree of complexity of the case. When both the parties reach a point of agreement, the mediator goes ahead and drafts the terms of the contract. Each of the spouses should seek independent advice before signing a separation agreement. The negotiation process should be carried out with the help of a solicitor.
There is a separate branch of practice, which is used to deal with family law matters, including cases of divorce and separation. This is known as collaborative practice. In this case, both the spouses need to work along with collaborative lawyers. In case the process breaks down, all of them sign an agreement stating that the collaborative lawyers will not be representing either of the parties in a court of law. Not all lawyers are adequately trained to handle cases of collaborative practice and therefore it becomes all the more difficult to hire one. A legal separation is finally effective after the signing of the deed of separation by both the parties. It is a legally binding contract and includes mention of the following issues: The fact that henceforth the couple would be living separately The ownership and occupation of the shared/family home and other possession Arrangements mentioning the access and custody of children Succession rights Indemnity from debts Lump sum payments and maintenance amounts Taxation Separation advice is vital because it guides you when you are down and out without an idea about where to go. Separation advice can be obtained from a lawyer. The fact about the matter is that a separation lawyer can help make separation proceedings a little less chaotic.
If you are looking to get a lawyer to see you through your separation, look out for one that is compassionate. Make it a point of duty to steer clear of separation lawyers who are only out to fatten their pockets. This is very important because if you do follow through with a separation, you need someone by your side to make sure the process goes smoothly. Handling a separation without separation advice from a family law specialist would be close to impossible. You need help if you want to be happy with your separation. That’s why you should start from The Divorcierge LLC in New York City for you to expect the best outcome.