Separations Agreements Solicitors

Confirm your financial arrangements

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.

To speak to us and find out more, get in touch with one of our local branches at the following locations: Southampton, Hedge End, Chandlers Ford, Winchester, Lymington, or Richmond Upon Thames.