When a marriage dissolves, three primary considerations usually arise:
- The Status of the Partnership – Deciding between divorce or legal separation.
- The Welfare of Children.
- Overall Financial Issues.
These aspects are often intertwined, though they typically require individual attention.
Various pathways exist for couples post-relationship dissolution, with separation and divorce being the most prevalent choices.
Sometimes, couples might choose to reunite after a separation period, continuing their marriage.
However, separation can sometimes leave unresolved issues, especially concerning assets, finances, and child custody. In such cases, a Separation Agreement may be established to provide clarity to both individuals.
This agreement, mutually consented to by the couple, adheres to fundamental Contract Law principles. Couples are encouraged to obtain separate legal counsel before finalising any agreement.
A drawback of a Separation Agreement is its lack of finality compared to divorce, leading some to pursue divorce at a later stage.