I AM L.I.P

I AM L.I.P

I am a Litigant In Person

Legal Separation Explained

 

WHAT IS LEGAL SEPARATION?

If you and your spouse or soon to be ex-partner are experiencing marriage difficulties, feel your relationship is coming to an end, no longer wish to co-habit together as a couple and individually wish to be considered single, but neither of you has agreed that the marriage is over and for whatever reason it may be, you both cannot start divorce proceedings yet, then separation may be the answer. 

You can separate non-legally or legally. Whichever one you do, you cannot marry someone else because legally you are still married to your ex-partner.

Non-legal separation is a decision made between you and your ex-partner that you are no longer together as a couple. You may or may not reside in the same property. All the laws and rules regarding married couples may still apply to both of you. All monies earned and property purchased during non-legal separation can be regarded as a marital asset. 

Legal separation is when the details of your separation (finances, property and child arrangements) are written down in a legally binding separation court order which ensures protection for both ex-partners especially the non-working/dependent ex-partner. Legal separation will change your legal status but as stated above you cannot marry anyone else.

WHY WOULD YOU AND YOUR SPOUSE CONSIDER LEGAL SEPARATION INSTEAD OF DIVORCE?

There are many reasons why a couple are finding it difficult to start divorce proceedings but they do not want to be together as a couple. Some reasons are listed below – 

  • There may be religious reasons why a couple are not permitted to divorce.
  • There may be cultural pressure on the couple not to divorce.
  • The couple may need more time to decide whether they want to actually divorce because they are not 100% sure that this is what they want. They can use this time as a trial period.
  • Legal separation may be a more practical way to solve the situation rather than divorce itself.
  • There are many benefits from being legally married.
  • In the UK you have to be married for more than a year to legally divorce. If the marriage is less than a year old then until the point where a couple can divorce they can get a legal separation. This will allow both parties to have a clear understanding of what is expected of them, what will happen and what they have to comply with. A legal separation court order can sometimes speed up a divorce.

HOW TO YOU START THE COURT PROCESS FOR LEGAL SEPARATION?

You will need to send an application form to the family court to start court proceedings for a separation court order. The form you will need is form D8S. Please click on the link below to access form D8S.

LINK TO OUR L.I.P HELP GUIDE FOR FORM D8S

You and your ex-partner have 2 choices when it comes to completing form D8S –

  • MAKE A JOINT APPLICATION – You both can make a joint application together using the same form D8S. If this is the case then you will be known as applicant 1 and your ex-partner will be known as applicant 2. You can make a joint application if you and your ex-partner both agree to a separation going ahead and there is no risk of domestic abuse for either party.
  • MAKE A SOLE APPLICATION/APPLY ON YOUR OWN – If you are completing and sending form D8S on your own, then you are known as the applicant or petitioner. Your ex-partner will be known as the respondent. You can make a sole application if your ex-partner does not agree to a separation, you think your ex-partner will not co-operate with the court proceedings or you are at risk of domestic violence.

As stated above this website has a Help Guide for form D8S. Once you have read this page, you can click on the link above to access form D8S where it will go into detail how to complete it, what additional forms you may need to submit and where to send these forms. The topics covered are  – 

  • What is form D8S used for?
  • Are there any government or our own L.I.P help guides or write ups to help you complete form D8S?
  • What is the fee to send form D8S to the court and how to pay for it?
  • How to complete form D8S and where to send it.
  • Where can you find form D8S/download this form?
  • When was form D8S first published and last updated?

HOW DO YOU SORT OUT CHILD ARRANGEMENTS AND THE DIVISION OF YOUR MARITAL ASSETS, FINANCES AND PENSIONS?

Form D8S is only the initial application form to start court proceedings for a legal separation.

If you want to sort out child arrangements it is the same process as the one written in Help Guide 4.

LINK TO OUR L.I.P HELP GUIDE 4 – CHILD ARRANGEMENTS

If you want to sort out the division of your marital assets, finances, and pensions it is the same process as the one written in Help Guide 5. 

LINK TO OUR L.I.P HELP GUIDE 5 – DIVIDING MARITAL ASSETS, FINANCES AND PENSIONS

You can sort out child arrangements and the division of your marital assets, finances and pensions between yourselves or through mediation. A mediator will be neutral, impartial and help both of you reach an agreement. Once you and your ex-partner have agreed everything from who will live where, maintenance terms, child arrangements and division of assets, you both will need to have these agreements and decisions written down in a document called a draft separation agreement. 

This draft separation agreement is an agreement reached by consent of both you and your ex-partner.

You will need a separate draft separation agreement for the division of your marital assets, finances and pensions and a separate one for child arrangements because they are dealt with at different family courts. 

LINK TO OUR L.I.P HELP GUIDE TO MEDIATION

LINK TO OUR L.I.P HELP GUIDE TO CONNECT WITH ORGANISATIONS THAT HELP WITH MEDIATION.

LINK TO OUR L.I.P HELP GUIDE FOR YOUR DRAFT CONSENT AGREEMENT EXPLAINED (ALSO REFERRED TO AS A DRAFT CONSENT AGREEMENT OR AN INFORMAL AGREEMENT) 

Once you have a draft separation agreement for division of your marital assets, finances and pensions you must send it to your local family court that deals with financial settlement along with a completed form A to start proceedings.

LINK TO OUR L.I.P HELP GUIDE FOR FORM A

Once you have a draft separation agreement for child arrangements you must send it to your local family court that deals with child arrangements along with completed form C100 to start proceedings. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM C100

LINK TO GOVERNMENT WEBSITE TO FIND YOUR LOCAL COURT

WHAT DO YOU DO IF YOU AND YOUR PARTNER CANNOT AGREE ON CHILD ARRANGEMENTS OR THE DIVISION OF YOUR MARITAL ASSETS, FINANCES AND PENSIONS?

If you both cannot reach an agreement then you must let the family court decide for you. Please read Help Guides 4 and 5. Please click on the links above.