Separation Agreement

What is a Separation Agreement?

This is for married and unmarried couples who intend to separate and want a legal document drawn up to confirm arrangements for their finances. Entering into a Separation Agreement can avoid quarrels over household bills, possessions, how best to deal with joint assets and how best to help any children involved.

Reaching an agreement

A separation agreement is also known as a Deed of Separation. It records from the start who is to have what and what the parties’ responsibilities are. It can also help avoid the need for court proceedings at a later stage.

How do we agree the terms?

The terms of a separation agreement may be agreed:

  • Directly between you
  • At mediation
  • By negotiation between solicitors

When preparing to draft the separation agreement, each party must:

  1. Produce full and frank financial disclosure to the other party, showing documentary evidence of their income, assets and liabilities;
  2. Seek independent legal advice upon the terms of the Separation Agreement
  3. Sign the Separation Agreement
The terms of a Separation Agreement should always be recorded in writing by your solicitor after both parties have sought legal advice. At Linnitts Solicitors we offer a Fixed Fee Separation Agreement.

What is involved in a Separation Agreement?

On receipt of instructions from a client wishing for a separation agreement, we will draft a formal agreement.

The separation agreement includes such information as:

  • Age, employment and accommodation
  • Details about you and your partner, eg. where you intend to live
  • How you intend to split your monies and who will have control of the sale of any property
  • Who will pay for what
  • Arrangements for any children
  • A schedule of both parties' respective income, assets and pension provision

Is a Separation Agreement legally binding?

An agreement of this kind is not a court order and the court is not involved in its preparation. For this reason, the terms of a separation agreement are not strictly speaking legally binding.

However, the courts are becoming far more willing to consider the terms of a separation agreement when it comes to divorce proceedings later on. Generally speaking the court is likely to follow the Separation Agreement, if it was entered into by both parties:

  1. With the benefit of legal advice;
  2. After the exchange of full and frank financial disclosure; and
  3. There has been no significant change of circumstances, which would render the agreement unfair.

The time it takes to finalise financial affairs at the end of a marriage can be significantly reduced when a separation agreement has previously been drawn up.

To book an appointment call us on 01626 33 33 80 or complete our Request a Call Back form and we will call you back, at a time to suit you, free of charge.

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