Separation solicitors

You don't have to divorce to formally separate. Rushton Family Law advises married couples and civil partners who want to live apart without ending the marriage or partnership, whether for now or for good. We make sure your finances and day-to-day arrangements are clearly agreed, and that your position is protected if you later decide to divorce.

Separation at a glance

  • You can formally separate without divorcing or ending a civil partnership.
  • A separation agreement records how finances, the home and children will be handled while you live apart.
  • A separation agreement isn’t automatically binding, but a properly prepared one can carry significant weight if you later divorce.
  • Judicial separation is a court order that formally separates a married couple without ending the marriage.
  • There’s no required period of separation before you can apply for a divorce.


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Specialist Divorce and Family Lawyers

Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.

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When it really matters

Getting advice on separation

We start by understanding where things stand. That means whether you are still living together, how the household finances currently work, what assets are involved, and whether there are children to think about. We will also talk through whether divorce is likely later, as that affects how the separation should be set up.

From there, we will advise you on the right approach, whether that is a separation agreement, judicial separation or moving straight to divorce.

How a separation agreement works

A separation agreement records what you have agreed while you live apart. That typically covers who stays in the family home, how the mortgage, bills and outgoings are paid, maintenance, and how savings and other assets are treated until the position is finalised. It can also set out arrangements for the children.

We negotiate the terms with your spouse or their solicitor and draft the agreement for you. To give it the best chance of being upheld later, both of you should give full financial disclosure and take independent legal advice before signing.

Judicial Separation

Judicial separation is a court order that formally separates a married couple without ending the marriage. Some people choose it for religious or personal reasons, or because they are not yet ready to divorce. It also allows the court to make financial orders. We can advise on whether it suits your situation and act for you through the process.

Separation agreements and your finances

A separation agreement is not automatically binding, but a properly prepared one can carry significant weight if you later divorce. We draft yours with that in mind, so the arrangements you make now are less likely to be reopened later.

Contact us

Telephone

020 3148 3379

Phone lines are open 24 hours

WhatsApp

07762 061670

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Our Team

Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.

Amie Pine

Partner - Divorce & Family

Emma Shortland

Associate

Ella Perry

Assistant Solicitor

Samantha Patel

Legal Support Assistant

Reviews and testimonials

Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead

The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head.

Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie!

I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine.

From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time.

Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments.

Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects.

Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life.

Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism.

She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me.

Nicola and the team are the best support you could ask for at the most difficult of times.

As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients.

I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible.

FAQs

What are my rights if we are separated but not divorced?

You’re still legally married, so your financial claims against each other remain open, and you may still inherit under each other’s wills. You can apply for maintenance and, in most cases, stay in the family home.

What is a trial separation, and does it have any legal effect?

A trial separation is an informal period apart to decide whether the relationship can continue. It has no legal effect on its own, but a written agreement can set out how money and arrangements will work in the meantime.

What is the difference between separation and divorce?

Separation means living apart while still being legally married. Divorce ends the marriage, and until it’s finalised, neither of you can remarry and your financial ties remain.

How we work

An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.

Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.

A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.

Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.

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