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Separation may be an alternative to divorce if neither party wants to remarry immediately or in the near future. There may be good financial reasons for being separated rather than divorced - for example, pension rights and tax considerations.

Issues about children and money can still be resolved where there is no divorce so that the couple can live independently. No solicitor can solve all the problems which divorce or separation bring. Only the individuals involved can do that. Difficulties arise because clients have unrealistic expectations of what solicitors can achieve. Wilson Nesbitt family law practitioners appreciate the emotions and stress and focus on constructive practical solutions.

A separation agreement may be entered into by a husband and a wife upon the breakdown of a marriage even while they do not intend to start divorce proceedings immediately. It is very commonly used. Its purpose is to set out the terms they have agreed about their financial arrangements, about any future divorce or about the children.

Until there is a divorce, the agreement is a binding contract between the husband and the wife insofar as it relates to money and property. The intention is that if there are divorce proceedings later, the court will be asked to make an order confirming the terms of agreement. The court will rarely overturn a separation agreement especially if the couple have each received independent legal advice. Nonetheless, it is always open to a court to do so on the application of the husband or the wife.