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Before moving to a final decision, such as divorce, it can help to get clarification on your situation and separate from your partner for a while. We can support you to develop an agreement with your partner if you have decided to separate without divorcing. Our family solicitors work with both of you to make sure each parties’ needs are accommodated.
What is a Separation Agreement?
A separation agreement is a written agreement that sets out yours, and your spouse’s, financial arrangements for after you have separated. It is important to note that, a separation is not legally binding, and the terms cannot be enforced if one party breaks the agreement.
What does a Separation Agreement Cover?
A Separation Agreement covers:
- Who will pay the mortgage or rent and bills
- Who will live in the family home
- What happens if the family home is sold
Is a Separation Agreement Legally Binding?
A separation agreement is not legally binding so a court, if it is decided that the terms are unfair, can overturn the agreement.
Who is a Separation Agreement for?
Separation agreements work best for couple who have found an amicable way to split and can agree on the terms and financial situation. There has often been no wrongdoing between the couples making it easier to come to a mutual agreement.
If you are ready to discuss separation agreements, call us today to organise an initial phone call where we can advise on your situation.
What Happens if One Partner Does Not Want a Separation?
You would need to take legal action if a spouse refused to separate or attend mediation between the two of you. You will need a court judgement to confirm separation is best for your relationship.
I’m Thinking About Separating from my Partner, but I am Worried About my Children
Deciding how children fit into a separation can be difficult. You want the best for them and so do we. We work with you and your partner, outside of court, to decide the best way forward for your family. You can use our free telephone assessment to learn more about how this will affect your family unit. Arrange this by calling us or leaving your details in our callback form.
Discuss Separation Agreements with Experts Now
We offer a free no-obligation telephone consultation. Call our specialist Family Law Solicitors now on 0844 800 9860 or contact us online for advice about your specific issue.
Our Approach
We approach the breakdown of every relationship with sensitivity and support you through this tough time. Our goal is to support you the best we can. With our proficient knowledge of family law, we can help you understand what to do next. Nobody gets married thinking they will have to deal with separating from a partner- we are here for you to make this difficult experience easier.
Our Work
Our expert solicitors work to drive you forward to an amicable resolution with your spouse. Separating from a partner does not have to be a painful situation, it can be harmonious and afford you peace-of-mind as you move on with your life. After speaking with one, or both, partners we work constructively to find an amicable resolution and if that cannot be achieved, we fight for a fair split.
Our Clients
Whether you come to us as an individual or as a couple, we are here to help you. We will share our proficiency on divorce and separation proceedings and define a strategy to improve your situation. We are ready to support you when you need it.
Separation Agreements FAQs
If you and your partner have not decided as to divorce yet, a separation agreement is the perfect first step for this situation. It gives you time to think about the divorce procedure and what you want from the separation.
Yes, you will need to instruct a solicitor to draw a separation agreement up. Our expert family solicitors are dedicated to delivering amicable solutions for couples and are happy to work with you and your partner to come to a solution together.
The three types of separation are trial separation, permanent separation, and legal separation. During trial separation, assets are still shared equally as though the couple did not separate and provides time to work out if this is what you and your partner want. Permanent Separation occurs when the couple have decided upon divorce which will affect how and which assets are divided. Legal separation must be recognised by the family court once a separation agreement has been drawn up. In each case, it is important to seek legal counsel to understand your rights.
Yes, if you were married or in a civil partnership you can claim for spousal maintenance as part of a separation agreement.
