SEPARATION
On a first appointment we're often seeing clients who, for one reason or another, do not wish to start divorce proceedings. This may be because there are no grounds for divorce, or that they have decided that they wish to separate for two years and divorce at the end of that period, or perhaps because their separation is only on a trial basis with a possibility that they may get back together. This section details the type of questions that we are often asked in such circumstances.
Broadly, you are legally separated if you, your spouse, or both of you, have declared by your actions that you will no longer be seen by the outside world as a married couple. In most cases, this will mean that one of you will move out of the matrimonial home and live elsewhere.
If you and your spouse live in different houses and you do not propose to make any changes to the ownership of your property during your period of separation, you do not actually need any documentation to evidence that you are separated from each other.
Even if you reach an amicable agreement with your spouse to divide up your assets now, your spouse could still subsequently ask a Court in later divorce proceedings to review those arrangements to try to obtain more money from you.