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An informal separation usually means living separately either in separate property separately in the same household. Such an agreement does not usually involve court proceedings or divorce.
In such a situation it would be wise to obtain legal advice about arrangements in respect of your children, money and property.
Though such a separation may be informal it is wise to draw up the agreed terms in a legally constructed document called a “Separation Agreement” or “Separation Deed”.
Hoben Johnson can assist in the negotiation preparations.
Provided the Separation Agreement is properly drawn up, both parties have been full and frank about their respective personal and financial situations, both parties have had the opportunity of obtaining independent legal advice and the agreement is fundamentally fair and takes proper recognition of arrangements for the children then such agreements are often considered binding and enforceable in subsequent divorce proceedings and are usually binding upon unmarried couples.
Such agreements are often a very good way of minimising conflict providing certainty for both parties.
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