Home page Family law “ divorce or separation? 7 Reasons why you need to terminate the relationship agreement If you can`t agree on how you care for your children, there are ways to help you reach an agreement without having to go to family court: learn more about resolving disagreements about caring for your children A formal agreement is much easier to negotiate and Establish with the right advice of an experienced family lawyer, and could you and your family in the future to save grief and stress. These help ensure that you are both clear about the details of your separation, especially if you have children, common finances or assets. If these are joint investments made during the relationship, they are a relational property and it is assumed that you will have a 50% stake. An ex-spouse may also file an action or reserve at any time to protect a potential interest. This will prevent you from dealing with the property until the issues are resolved either by the Court of Justice or by agreement. If the formal requirements of the Property (Relationships) Act 1976 are not met, then no agreement is binding and there remains a possible claim against you and your property. Potential claims exist, that your ex`s name be on the title. Some of the most corrosive succession conflicts are when the person died and left relationship property problems unresolved. In general, this „first bite“ takes in the Department of the Court, so that your expected beneficiaries have less.
The objective of the law is to recognize the equal contributions of both partners to their relationship and to ensure an equitable distribution of wealth when their relationship ends, taking into account the interests of their children. The general presumption of the law is that a couple`s assets are divided equally among them. There are exceptions to this rule, however. In particular, there are different rules on how the property should be distributed when a relationship lasted less than three years. A separation agreement is an agreement that states that you and your spouse or partner have decided to live separately. You don`t need to have a separation agreement, but it can be a useful record of the decisions you make when you separate – for example, that, in general, all family items (such as jewelry, furniture, etc.) remain separate. If you place a silver inheritance in a joint bank account, you risk turning that property into a relational property and, therefore, in the event of a separation, you must share that property with your partner. A contract is often used to ensure that all estates continue to be retained as separate property in the event of separation. You only need a separation order if one of you doesn`t want to separate, even if you can choose to ask for one together, if you both agree.
The agreement usually contains the date you separated. If you are married or in a civil association and later decide to divorce („dissolution“), you can use the separation agreement as proof that you have lived separately for the two years required (see „Divorce: „Get a Dissolution“ in this regard). Lenders are very unlikely to lend to you or allow you to refinance them in the event of potential unresolved debts and formal non-agreement. The family court can help you spread your relationship assets if you and your ex-partner are unable to accept or if the agreement is unfair or fails.