Unfortunately most people cannot afford to just move out of their home and rent elsewhere, so a separation in a literal sense could be out of the question. If you are on the mortgage of your family home you will still have to pay towards the mortgage and money will often be tight as it is. Living with someone through a relationship breakdown can be difficult though, and so knowing that you are doing something to move separation along can be reassuring.

I always advise clients to attend marriage counselling where possible. That said, in my experience, when clients attend my offices, their mind is already made up, there is no going back and a separation is inevitable.
I am always open with clients. You do not want a divorce hanging over your head. If you have children, they will usually sense there is something different and so it is better to tackle it head on and not let it fester. The children are always the most important thing and so minimal disruption is key, along with amicable communication with your partner where possible.

If you decide to separate, you can either live separate lives whilst living in the family home, or one person can move out. You should then discuss contact arrangements for the non-resident parent to see the children and discuss how and when you will divide the matrimonial assets. Whatever you do agree on can be incorporated into a Deed of Separation.

The advantages of a Deed are that it is cheaper than a divorce, you can decide on the settlement of most matrimonial assets and it can be used to show the parties intentions for settlement if and when you divorce later on.

Unfortunately though they are dependent on you both agreeing to terms of settlement. Immediately after a breakup this is not always possible as emotions are still raw. You cannot enforce some maintenance provisions as you need a court order, and therefore division of joint assets such as property and savings will only be completed.

If you simply cannot agree terms and emotions are running high, I recommend applying for divorce and financial relief. Each of you should obtain independent financial advice and at least matters can start progressing. There is nothing worse than not doing anything, as it only delays the inevitable.

I can immediately start progressing matters, so for more advice please call me on 02476 531532.

Melanie Davis (née Timms)

Family solicitor

The post Should I Divorce or Separate? appeared first on Brindley Twist Tafft & James.

First, what are they? Well, they’re the successor to the compromise agreement, and they will be one of the ways in which a contract of employment may be terminated but where an employee agrees to waive their employment rights and not pursue a claim against their employer. Largely the same rules apply as with compromise agreements, so that they will still: be in writing, set out specific complaints or proceedings which are being settled or waived, require the employee receive independent legal advice, and the advisor must be named and have in place an appropriate policy of professional indemnity insurance covering any loss sustained as a result of the advice provided, and the agreement must confirm that it complies with the Settlement Agreement rules. Like Compromise Agreements, Settlement Agreements are voluntary and one party cannot force the other to sign the agreement.

So, where’s the difference with the present regime? Well other than the name, the main difference arises from the manner in which they are presented. A Compromise Agreement requires a pre-existing dispute which it must settle, a Settlement Agreement does not, and it may be used to terminate employment where no prior dispute has arisen.

Further, the new Settlement Agreements shall be subject to different rules when they are discussed; they go beyond the without prejudice rule in that the discussion about them cannot be brought up in evidence in unfair dismissal claims, unless there is a degree of “Improper Behaviour” this includes any form of harassment, bullying or discriminatory behaviour, the use of offensive words or aggressive behaviour, any victimisation, any physical assault or threat thereof, or placing undue pressure on the other party by refusing a reasonable time frame, indicating that failure to accept the agreement will lead to dismissal, or to attempts made to damage an employer’s reputation or standing. It follows that the rules relating to the inadmissibility of these discussions are slightly wider than their “without prejudice” cousins, and potentially useful to employers.

However, the wide definition of Improper Behaviour must be noted as this could lead to the discussion becoming admissible before an employment tribunal. Further, these meetings cannot be used to hide discriminatory comments, and may still be revealed to a tribunal as amounting to discrimination where appropriate. Therefore before proceeding an employer is strongly advised to take legal advice, both on the situation in which it finds itself and also in the proposed content of the protected conversation.

Finally, before any Settlement Agreement can be accepted the employee has to be given at least 10 days to consider the agreement, and take legal advice, before it can be accepted.

Essentially Settlement Agreements are likely to operate in much the same way as their predecessors, the compromise agreement, albeit with a few tweaks in the rules and a change of name. No doubt time, and a series of satellite litigation, will tell what will actually be protected under a protected discussion. Watch this space and join us on twitter to see updates as to when the use of Settlement Agreements is due to be implemented, and other key dates and changes of which you must be aware.

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