Separation agreements can be made for married or unmarried couples who intend to end their relationship but want a document confirming who is to have what when the relationship ends and what each partner is responsible for. Separation agreements can give clarity to the process of ending a relationship and can help to avoid court proceedings for married couples who wish to get a divorce.
A family solicitor can help with the negotiations during a separation and will be able to draft all relevant documents for you.
A separation agreement is not a court order; however, the court will take the agreement into account in the event of any dispute. As long as the agreement was made under no duress and both parties gave full disclosure with regards to their finances, the agreement will be upheld.
What is involved in a separation agreement?
If you decide that a separation agreement is the best course of action for you, you will need to disclose the following:
- Accommodation arrangements
- Details of how monies and property will be divided
- The responsibility for any payments and bills
- Arrangements for any children involved
- Full financial disclosure for both parties in respect of their income, assets and pension
- Once in receipt of this information, your separation agreement can be drafted for Negotiations and finalisation
How does the separation agreement work?
Consider the separation agreement as a contractual agreement between parties to the marriage or civil partnership. They might be considering some circumstances, like:
- Living separately without a divorce
- The obligation towards one another to maintain the children of the family
- Distribution of any assets
- Child care arrangements
Is a separation agreement legally binding?
Technically, a separation is not a legally binding document. Marriage or civil partnership parties cannot contract out of the court’s jurisdiction to make orders for financial provisions upon the divorce or dissolution.
Family law required you to either have a consent order or a child-arrangements order to have a legally binding document.
However, that being said, the court considers the existence of the separation agreement so you are more legally protected with the separation agreement than without one, as long as you have had it produced in the correct way with legal advice.
Further to this, the separation agreement may act as a persuasive element for the outcome of each party’s application for the financial remedy. The actual outcome depends on specific circumstances for when the agreement was made.