You are considered 'legally' separated when either you and/or your spouse declare by your actions that you no longer wish to be seen as a married couple.
In most cases this will mean that one of you has moved out of the property you share and lives elsewhere.
Often when couples decide to separate they may not be quite ready to fully divorce. In this case there is no requirement to make it official or obtain any legal documentation.
However, a couple may wish to make a formal agreement covering financial arrangements. To avoid disputes you can obtain a Deed of Separation.
The Deed of Separation is not legally binding. However, it can be used to protect you financially against claims being made for more money if and when divorce proceedings are filed.
It is very important for both parties to have legal advice before signing a Deed of Separation to ensure there are no mistakes and that both parties are happy to enter into this agreement without feeling pressured.
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