How Separation agreement helps with involving the court

Breakdown of the marriage Separation is an alternative way to protect and maintain the matrimonial relations. Divorce terminates the matrimonial relations. Separation does not breakdown the marriage. Separation must be considered before demanding and applying for divorce. Separation agreement is only legally binding when the both parties enter into agreement with their free consent and without any undue influence and fraud. Grounds for getting a divorce There are five grounds for getting a divorce. Such as: •Adultery, •Unreasonable behaviour •Desertion •Two year separation •Five year separation The parties to separation may enter into agreement without any ground. It is not necessary to get the court order for separation. A written separation agreement is only sufficient. No interference of the court Separation agreement helps the parties to settle the things without involving the court. It provides the amicable solution. It must be fair and just and there must be no injustice with any party.

Documentary evidence It is an important document. It is not the requirement of the law that agreement must be in a written form. It can be oral or written. However, written agreement is called documentary evidence that records the intention of the parties. Documentary evidence is always superior to the oral evidence. Primarily, courts always consider the documentary evidence because it is considered as primary evidence. Time period for entering into deed of separation It is the option of the parties to end the marriage or not. However, sometimes couples want to get a divorce but due to legal formalities; they cannot get a divorce. To get a divorce, both parties must be a legally married for at least one year. You can use the separation agreement as a ground of divorce. To file a divorce petition one party must prove the marriage has broken down irretrievably. They do this by relying on their circumstances into one of five facts (i.e., adultery; unreasonable behaviour; desertion; two year separation; five year separation).

Secure the matrimonial relation The separation agreement (agreement) maintains the relation of husband and wife. The deed gives the sense of security to the children because their parents are not divorced. It is made between the couples who do not like to live together, and it defines the rights and obligations of the both parties. Determination of separation Divorce terminates the relationship of husband and wife. It is the usual practice that when the one partner leave the matrimonial home and start living separately, is considered as separation. However; you are legally separated even you are living in the same home but leading the separate lives. Amicable solution A separation agreement is not a divorce. The deed of separation is legally binding and can be used as evidence to establish the terms of a future divorce petition. The separation agreement is also known as deed of separation. It can also help avoid having to go to court to settle things – now and in the future. Important provisions of agreement A deed of separation must incorporate the following provisions. Such as: •maintenance payment for the spouse and any children •arrangement for children •division of property, money etc •who your children should live with and have contact with •any other conditions you want to agree, like not annoying or disturbing your former partner Net Lawman provides the comprehensive separation agreement. Such as: Separation agreement Comprehensive and effective separation agreement suitable for a couple (whether married, in a civil partnership, separated or just living together) who wish to record the agreement that they have reached in relation to their living arrangements, finances, children and joint assets and liabilities