Q&As

Do there need to be divorce proceedings for an application to be made by way of a notice to show cause to enforce the terms of a separation agreement?

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Produced in partnership with Tori Adams of 4 King’s Bench Walk
Published on LexisPSL on 19/07/2019

The following Family Q&A Produced in partnership with Tori Adams of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Do there need to be divorce proceedings for an application to be made by way of a notice to show cause to enforce the terms of a separation agreement?

A separation agreement is an agreement drawn up between parties either in contemplation of a divorce or prior to finalising the arrangements in a divorce. This can cover a number of different things, such as what should happen with any property, finances and child arrangements. This can be drafted by professionals and can be a formal legal document which can be challenged in court, though it is not legally binding in the same way as a court order. They can carry weight in any divorce proceedings, depending on the contents and the circumstances of the agreement.

Where one party does not abide by the terms of an agreement, the other party can make an applicat

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