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Separation Agreement Solicitors
A separation agreement is for married or unmarried couples who intend to separate and want a legal document drawn up to confirm arrangements for their finances. They are often entered into by married couples who do not wish to divorce.
What is a separation agreement?
A separation agreement is a document designed to help couples agree on their financial arrangements whilst they are separated, but not yet divorced (or for those who are unmarried but have been living together). It sets out how you wish to split your assets and financial obligations such as mortgage or rent, bills, loans, etc, and other aspects such as childcare and child or spousal maintenance.
Most commonly sought by couples who need or want to delay their divorce proceedings, a separation agreement indicates that both parties were aware of when the relationship ended, it gives clarity around who is responsible for what, and can assist on the emotional side by ensuring both parties know where they stand.
Although not a legally binding document, if a divorce or dissolution occurs at a later date, because it sets out the intentions of the couple, the courts are becoming far more willing to consider the terms of a separation agreement. Therefore, it follows that they are of increasing benefit to have.
A separation agreement differs from a pre or post-nuptial agreement in the sense that it is relevant at the end of a marriage, as opposed to before or during.
What are the benefits of having a separation agreement?
Separation agreements are beneficial to married or civil partnership couples because it provides clarification regarding financial arrangements before divorce proceedings begin. It is particularly useful if a couple is unable to or does not wish to begin a divorce for a period of time. In addition, as a separation agreement is not final in the same way as divorce, it offers a possibility for reconciliation if circumstances change.
For non-married couples, you may find an agreement like this useful since non-married partners do not have the same rights upon separation.
What should an agreement include?
Separation agreements can include a whole host of elements, however key considerations should be around property, financial assets, joint debts, maintenance payments, parental rights and responsibilities, pets, potential lump sum payments, and variation clauses in case there are changes in certain circumstances.
Can we write our own separation agreement?
Although it is possible to write your own separation agreement, it is not recommended as if you find yourselves in a dispute later on down the line, it is less likely to be accepted in court and may end up costing you more. By employing the expertise of a qualified solicitor, you can rest assured that your agreement follows the legal guidelines meticulously.
Why you should use Eric Robinson Solicitors
Our specialist team of solicitors is fully qualified to advise and draft bespoke separation agreements to suit all circumstances. Whether you would simply like to enquire, or want to get started with a separation agreement, we are here to help. Contact one of our branches below to get started.
Winchester | Hedge End | Southampton | Lymington | London (Richmond) | Chandlers Ford
FAQs
How long does it last for?
A separation agreement does not have an expiration date.
Is there a formal separation process?
Apart from Judicial separation, which is relevant in certain circumstances, there is no other standard process.
What protection is there?
Both married and non-married couples can enter into a separation agreement.
Is a separation agreement binding?
A separation agreement does not have the same status as a Court Order and therefore we would always recommend that if you do enter into a separation agreement and you divorce, that in due course you also obtain a Court Order.
If I divorce, what happens?
At this point, a Consent Order will be prepared based on the contents of the separation agreement. However, it is important to note that depending on the amount of time that has passed, the agreement may need to be amended as the terms may no longer be considered fair by a Judge.
Why should I enter into one?
Entering into a separation agreement provides certainty during what can be a very uncertain time.
What are the advantages?
– As it is agreed that you no longer live together your spouse cannot seek to divorce you on the basis of Desertion.
– It confirms the date on which you both agree that the relationship ended
– It is a flexible document so you can decide on its contents.
– It can assist in reducing the tension when sorting out financial arrangements
What are the disadvantages?
– They are not easy documents to enforce.
– They can only be amended if you both agree to the changes
– Depending on the circumstances, a court might disregard some or all of its contents if you proceed to divorce or dissolve your Civil Partnership
How much does a separation agreement cost?
The cost of a separation agreement varies on how complex the document, as this will determine how much legal advice is required.
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Send another enquiryKey Contacts
Sarah Lightfoot-Webber
Chartered Legal Executive
Family Department
Samantha Collins
Senior Associate
Family Law
Jane Wheeler
Senior Solicitor, Family Department
Call Jane : 01489 774836 Call: 01489 774836 Send Jane an Email
Greg Coad
Senior Associate
Head of Family Department
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