It may well be that yourself and your partner decide to separate but for various reasons do not proceed with a divorce at this stage. There are a couple of explanations as to why this happens. For example, some people require a period of time to adjust both financially and emotionally before they proceed with the finality of a divorce. Others may not wish to obtain a divorce due to religious reasons.

As stated above the most amicable form of divorce is one that is dealt with under the fact of 2 years separation with consent. This means that the parties separate and then wait for a period of 2 years before issuing the divorce at the court.

If this is the case it is important for the parties to protect their financial positions during this time. They can do this by negotiating a financial settlement and having it drafted into a legal document known as a separation deed. Both parties have to take independent legal advice and produce full and frank disclosure of their financial position to enable this to be binding. Once this is signed by the parties and the document has been witnessed it becomes a legally binding document.

If the parties are married and later proceed to divorce proceedings the separation agreement can be finalised into a consent order which can be lodged at court.