Unlike divorce, legal separation does not end your marriage. Disclaimer: This content is offered solely as a public service and does not constitute legal advice. You should contact a lawyer who is familiar with the field for advice regarding a specific problem or problem. Whether you have sole or joint custody, your separation agreement should include: No. The law doesn`t require a separating couple to enter into a separation agreement, but it`s a good idea if debts, children, support or property are involved and you want to settle these issues in writing. Are you going through a separation or divorce wondering what your rights are at home? It is important that you get professional legal advice to protect your interests and ensure that you are not forced to leave your home if you have a legal right to stay. KMJ Solicitors is a firm specialising in experienced family law lawyers in London. Find out how we can help you with a free, no-obligation consultation. In some cases, the law requires a person to pay child support to their ex-spouse. This may be the case if you were legally married, in a common-law relationship with children or in a common-law relationship for at least 3 years without children. For more information about your custody rights as a father during separation and the factors that may affect them, contact a licensed attorney at Kenny Leigh and Associates.

Exclusive occupancy rights give the spouse the right to live in the house. The other spouse must find alternative housing. These rights can be transferred to the custodial parent if the court has delayed the sale of the house. They can also be given for the safety of one of the spouses during the divorce. The courts may make protection orders that may induce the person against whom the order is made to stay away from the home. The court may order the sale of the apartment. If one parent has custody of the children, the court may delay the sale (usually until the child graduates). The court may also leave the house to one of the spouses. This is decided by everything about equitable distribution.

It`s also a good idea to have two lawyers involved, one who advises each spouse. In this way, both husband and spouse know that they have received independent legal advice for their individual situation from a lawyer who has no conflict of interest in trying to represent two clients with different goals and needs. Simply put, both the parent and father have the same legal rights regarding custody of the child before and during the divorce process until either gives up full custody or is denied full custody. Also, keep in mind that you and your spouse must have lived apart for at least one year and have followed the terms of your separation agreement before filing for a conversion divorce. No. A court will not write or give you a separation agreement. You and your spouse or lawyers are responsible for drafting the agreement. To help you prepare to talk to a lawyer about a separation agreement, below is a list of questions a lawyer will likely ask you questions about.

Consider each question carefully: If you want the terms of your divorce to match those of your separation agreement, file a conversion divorce. For married and common-law couples, any written separation agreement that you and your spouse signed in front of a witness may affect your support and property rights. It is important to seek legal advice before signing and to fully understand each agreement. Generally, the rights and obligations of a separation agreement include the division of property and debts, the amount of child support you pay or receive, custody of children (if you have children) and visits. Your rights depend on several factors, such as whether you were legally married or in a common-law relationship, and whether you have children. The above points are just points you should consider. For legal advice, contact a family law lawyer in your area who is familiar with legal separation. Back to top In this decision, the court will try to minimize emotional trauma and stress for the child. To complicate matters further, a parent may receive rights to the apartment, but then loses his or her right to an equal division of other property accumulated during the marriage. Therefore, it is important to seek the advice of an experienced family law lawyer who can advise you and ensure a fair solution.

Separation – whether you opt for a separation agreement or divorce – can be an emotional moment. In addition, couples must decide how to divide their property, including money and the marital home. But what are your property rights after a separation? This article provides general information on this topic. The laws relating to this issue may have changed since this article was written. For specific legal advice on a problem you have, seek advice from a lawyer. Receiving this information does not make you a customer of our office. In the case of a conversion divorce, ask the judge to include all the terms of the separation agreement in your divorce.