“Obstacles don't have to stop you. If you run into a wall, don't turn around and give up. Figure out how to climb it, go through it, or work around it.”
Many prefer to wait to allow a “period of reflection” or delay taking action for two years so that they can present a divorce petition to the court on grounds of two years’ separation.
While waiting may seem the most non-confrontational option, it does come with risks, namely lack of financial certainty and security.
A separation agreement entered into by both parties is an agreement setting out how the couple’s assets should be divided and whether there should be any ongoing financial support. The agreement can be tailor made to the couple’s individual circumstances and can include for example who is to pay certain debts or how chattels are to be divided.
While separation agreements provide a better option then nothing, it is important to remember that they are not binding. However, if the separation agreement has been properly drawn up with full financial disclosure and certain other safeguards have been met (e.g. the agreement does not unduly prejudice one party, there has been no pressure put on either side to go along with the agreement) then the court could hold the parties to it unless their circumstances have changed substantially since the agreement was signed.
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