Legal Separation Agreements
Separation Agreement Lawyers
Bringing an end to your marriage through a divorce or dissolution of a civil partnership is a huge decision that shouldn’t be taken lightly.
Many prefer to wait to allow a “period of reflection” before entering into something that feels very final. In these circumstances, a separation agreement may provide an alternative and allow couples to have some financial certainty about what they would receive should they divorce in the future.
When is a separation legal?
There are no hard or fast rules on this. A separation is legal when one or both parties have decided that the marriage is at an end. It does not have to involve moving out of the matrimonial home but invariably, if the separation becomes permanent then it is likely that either one party will buy out the other’s interest or the property will be sold.
Once you have decided to separate, if you are not yet ready for a divorce then you may wish to enter into a separation agreement. As this is a contractual agreement and is in writing it is good evidence of the decision made between you and your spouse in the future.
What is a separation agreement?
A separation agreement entered by both parties is an agreement setting out how the couple’s assets should be divided and whether there should be any ongoing financial support. The agreement can be tailor-made to the couple’s circumstances and can include:
Property
If you’ve been married, in a civil partnership or cohabiting for several years, you have likely either purchased property together or you’re renting a property that you both live in. A separation agreement can specify:
- what should happen to the house now and in the future, for example, whether it should be sold or if one of you (and your children) should have exclusive rights to live in the house until a future sale
- what each of you will get by way of a share of the proceeds on a future sale of the property
- what should happen to your intended share of the property should either of you die before a sale
- how you will split your other assets and possessions now you are not living together anymore
Finances
A separation agreement can include decisions about payment of:
- loans, credit cards and hire purchase agreements
- mortgage or rent
- utility bills such as council tax, gas, electricity, water rates, buildings and contents insurance, TV licence etc.
- property and maintenance repairs
- school and medical fees
- whether one spouse/civil partner should pay maintenance to the other
Children
You can decide on the future care of your children by agreeing:
- who they’ll live with/shared care
- where they’ll live
- how often they’ll spend time with the other parent
- holidays
- which parent will claim the child benefit and child tax credit
- how much child maintenance should be paid from one parent to the other
While waiting may seem the most non-confrontational option, it does come with risks, namely a lack of financial certainty and security.
Is a separation agreement binding?
While separation agreements is a contract between the parties and is evidence of an agreement, it is important to remember that a judge does still retain the power and authority to change parts of it that may be disputed by a couple in future
However, if the separation agreement has been properly drawn up with full financial disclosure and certain other elements have been met (e.g. the agreement does not unduly prejudice one party, there has been no pressure put on either side to go along with the agreement, full disclosure and is not too prescriptive, then the court should uphold it.
Advantages of a separation agreement
- An unmarried couple may reach an agreement in relation to their finances and require a formal document that is bespoke to reflect that agreement
- A married couple may reach a financial agreement between themselves but will have to wait for up to 20 weeks from the date of issue of a divorce petition to be able to convert that to a financial remedy consent order. In such circumstances that couple may want to sell a house or transfer monies (in order words implement their agreement before being able to upload a financial remedy consent order to the court and so an early separation agreement will record those terms so that there is certainty
Other Unmarried Services
Reach out to Our Expert Separation Agreements Team
If you need help with your unmarried dispute, you’ve come to the right place. Our team of family lawyers has years of experience in separation agreements so you can trust you’re in the best hands.
To chat with our team, phone us on 0333 202 6433 or send us an email at [email protected].
