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Unlike separation agreements in which the Court has no involvement, judicial separation is dealt with through the Court. The procedure is similar to divorce; however, judicial separation does not actually bring the marriage to an end. It provides evidence that you have formally separated which could be helpful in any future divorce proceedings. It allows you to formally regulate your financial affairs by way of a Court order since the Court have powers to make the same orders that are available on divorce and those can be varied or enforced. Can I revoke Separation Agreement? If a couple decides to stay together, they may revoke their separation agreement. Main features Key features of the Separation Agreement service Separate and apart Children - residence and contact Obtaining divorce by agreement Finance - clean break ( where applicable) Lump sum payments Maintenance for spouse Additional maintenance such as school fees Child maintenance Terminating events such as death or remarriage Variation of agreement for maintenance Occupation of family home Transfer of family home Release from mortgage Sale of family home Transfer of family company Life insurance policies Pension provision Agreement to leave by will Contents of family home Other assets Credit cards and unsecured debts What happens if we have a Separation Agreement and then get Divorced? Should you and your spouse subsequently divorce, provided your Separation Agreement is drawn up properly and is reasonable, a Court is unlikely to interfere with it and will usually seek to uphold the provisions contained in it. Future Amendments in Separation Agreement A well drafted separation agreement will allow for future amendments by either direct written change by both parties or a process of mandatory mediation or, as a final alternative, resort to the courts. Enforcement of Separation Agreement Reaching an agreement with your partner is not necessarily the end of the story. You need to make sure that the terms of the agreement or court order are carried out. If one of you does not comply with the agreement, and if you are unable to sort out any dispute or misunderstanding (either directly or with the assistance of solicitors) then it is possible that an application would need to be made to court. If you were not married or in a civil partnership, then you or your former partner can probably enforce any written agreement that was made as a contract and ask the court to uphold its terms and force you or your former partner to comply. If you were married or in a civil partnership, then there are a range of enforcement options potentially available to you. Exactly what you can do will depend on the type of obligation that your former spouse or civil partner has failed to comply with. For example: The court could order that maintenance payments are paid directly from salary. The court could place a charge against a property owned by the person who failed to pay you a lump sum of money and for the property then to be sold. As a last resort, the court to send your former spouse or civil partner to prison. The court could enforce maintenance payments for children You should speak to a solicitor about which of the options may be best for you. Enforcing a court order can be expensive and take time, so you need to bear in mind the potential costs of taking action as against the benefit of enforcing the agreement. Net Lawman provides best quality DIY company documents and separation Agreement Template plain English. Ready to use.
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Judicial Separations, Separation Agreement,
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