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Getting separated versus getting divorced

(6 Posts)
seasaw Mon 11-Jul-11 17:00:46

H and I are getting divorced. I would be happy to be separated for the next 2 years and then file the divorce as the separation is amicable.

However, I do wonder. If we are divorced, there is a clear cut financially between us. If we 'just' get separated for the next 2 years, does it mean that I (he) will still be responsible for his (my) debts contracted after the separation? In the same way, if I (he) get quite a lot of money (pay out from work, inheritance) does it mean he (I) will get half of it?

mumblechum2 Mon 11-Jul-11 17:08:42

You need to have a professionally drafted separation agreement which will be binding on both of you so long as you provide full financial disclosure and both take independent financial advice.

The only thing a sep. agreement can't provide is a pension sharing order but you can still express what has been agreed, and then within the divorce proceedings sign a consent order reflecting what will by that time be a historical agreement, but crucially including a pension sharing order which can only be implemented once the consent order is sealed by the court and you have your decree absolute.

mumblechum2 Mon 11-Jul-11 17:09:06

Sorry, I mean independent legal advice

seasaw Mon 11-Jul-11 18:40:43

OK that makes sense. I though that, if we were not doing things with some sort of leagl biding, it could ebcome an issue.

I would imagine it's still cheaper route than the whole diovorce procedings straight away?

mumblechum2 Mon 11-Jul-11 19:52:59

Yes, it should be if it's reasonably amicable. I usually estimate 5 hours work to deal with a separation deed, assuming there is a fair bit of arguing. Less if you've already thrashed it out in principle.

seasaw Mon 11-Jul-11 20:30:20

Great! Thank for the info!

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