A legal separation is often a “trial divorce”, where a couple decided to separate for a period of time to see if you can solve problems in their marriage to see if the file for a divorce. Once a legal separation was granted by the judicial system, you can still ask the court to complete the separation movement.
If a couple decides to stay together, they may revoke their separation agreement.
Steps:
Visit your local registrar’s office and request a “motion to dismiss. ” You can also hire a lawyer or use your divorce lawyer to help you correct documentation.
Fill in the form of a motion to dismiss. Both you and your spouse must sign the papers. You must include the file number of their separation. It is also necessary to provide a reason why the proposal is submitted.
Submit file the clerk of court.You will be given a hearing date for you and your spouse to attend.
Attend the hearing. If you and your spouse have signed the motion that the court decides to cancel the legal separation.
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.
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.
Divorce guide – Divorce help – Separation agreements – Power of attorney – Stock transfer form – Memorandum of association – Partnership agreement
