Separation Agreement Or Divorce? Article

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Separation Agreement or Divorce?

People often confuse a Separation Agreement with a Divorce but a Separation Agreement is not a divorce; there are lots of differences between the two.

Author: James Walsh

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A Separation Agreement (or ‘Judicial Separation’ if granted by the Court) is only an order of Court which breaks up the commitments or benefits brought out by a marriage. This agreement is binding on both parties until the divorce starts, during that time the parties can ask for the Courts to make an order confirming the terms of the Separation Agreement. Though Separation Agreements are playing a major role to get divorced more easily, it does not mean that all couples’ disputes are resolved once the agreement is signed. At any time the Judge has the capacity to turn down the agreement if anything goes against the interest of either one of the parties.

The painful process of a divorce can be simplified if the probable disputes can be resolved by mutual consent, which could be attained through a Separation Agreement. A Separation Agreement is a means of getting a divorce more easily. A divorce is a Court judgment terminating a marriage; the Court requires a legal reason or ground for the divorce. In addition to legally ending one’s marriage, the Court looks at other issues which need to be decided before the divorce is finalised. Those issues will be discussed and analysed in separation deeds or agreements. It is normally used where parties do not wish to divorce straight away but want to settle their monetary and child-related affairs until they go for divorce proceedings, usually after 2 years.

In a divorce case there is generally a twenty-one day waiting period after the defendant has been given his or her copies of the divorce papers, before that either party can request a pre-trial or trial. This period is six months for no-fault divorces. There is no hard and fast rule as to how long it takes to complete the process and be granted a divorce. Once we file with the Court, getting a trail date depends on many factors, such as how complete and accurate the papers are; how busy and backlogged the Court is; whether one’s spouse disagrees with any part of the divorce; and whether there are temporary orders or negotiations.

The process of getting a Separation Agreement is comparatively easily if a couple has mutually consented; Separation Agreements are now available online. If both the parties are agreed then the process is simple and the duration is also reasonable. In later stages, a Separation Agreement either “merges” or “survives” a verdict of Divorce. When a Separation Agreement is merged into a Judgment of Divorce, its terms are included into the ruling and are adjustable by the Court; because the Court always has the power, in the proper situation, to revise or modify its own Judgment.

A merged Separation Agreement has no independent legal significance; it is simply a substitute for a judgment of the Court that is entered into by condition and has no greater or lesser power than a judgment of the Court entered after trial. With a mediator in place parties can proceed to contact the solicitors and begin the process of the Separation Agreement. The agreement should be simple and not very complex in nature. Both parties will agree that the marriage has broken down once and for all and that they are now planning for their divorce. It is important not to blame each other during the agreement proceedings.

A Structured Separation Agreement meets the needs of everyone involved. The couple signs the Memorandum Of Understanding confirming that they will abide by the agreements made. The Memorandum Of Understanding can also be the basis of formal Legal Separation, filed with the Court.

If, after a period of time, the couple decides to reunite, the Memorandum of Understanding or the Legal Separation is repealed. Because of personal or religious beliefs, some couples decide to live apart indefinitely, with the Memorandum of Understanding and Legal Separation in place. Likewise, if the couple decides to proceed with divorce, the appropriate Court documents are filed for the dissolution of the marriage.

Although some divorces are very simple and can be handled with a minimum amount of red tape and delay, most divorces are far more difficult and can take many different courses. The entire process can take from a few months to several years. The main determinant of how smoothly the process will go is the level of cooperation between parties and their willingness to compromise.

For more information please visit http://www.separation-agreement.co.uk

About Author

James Walsh is a full time freelance writer and copy editor. FOr more information on getting a Separation Agreement see http://www.separation-agreement.co.uk

Article Source: http://www.1888articles.com/author-james-walsh-2417.html

Separation Agreement or Divorce?