It is a document that can be drawn up and executed by parties to a marriage after it has broken down, in order to settle the terms of the separation without resorting to family law courts.
The deed of separation and family law will contain a clause agreeing to live apart, and will then also include provisions for custody, visitation rights, maintenance, division of property, and succession rights. Both parties should sign the agreement for it to be deemed valid.
Our solicitors can provide legal advice on the terms of your separation agreement. And should you require, our professional solicitors can also draft a separation agreement after both parties have attended mediation, based on their agreed terms.
According to the Family Law Reform Act 1989, a court may grant a decree of judicial separation if the parties cannot agree on a separation agreement.
Judicial Separation can only be granted on one or more of the said six grounds listed below:
- The respondent has committed adultery
- The respondent has behaved in such a way that the applicant is unable to live with them anymore
- The applicant has faced desertion by the respondent for at least one year from the date of the application
- Separation between the spouses has been ongoing for at least one year immediately preceding the date of the application, and the respondent consents to a divorce decree
- In the three years immediately preceding the application date, the spouses have lived apart continuously.
- As a result of the breakdown of the marriage, the court is satisfied under all the circumstances that a normal marital relationship has not existed between the spouses for at least one year prior to filing the application.
We can advise and assist you as to how to start the process for filing for judicial separation and provide practical but empathetic advice and support, throughout the court proceedings.