Many couples, who are facing difficulties in their marriages, civil partnerships and other intimate relationships may wish to have a period of time apart but are not necessarily ready to instigate the finality of divorce or dissolution proceedings. For those couples, a correctly drafted separation agreement may be a solution. If you and your partner are separating we can draft an agreement that provides both certainties about their rights and responsibilities with the aim of reducing disagreement and conflict. A separation agreement can be a less formal but still useful way of regulating personal and financial commitments following separation.
A separation agreement might include some of the following issues:
Division of property
Who will live in the former family home or other properties
How savings and other investments should be shared
What maintenance should be paid to a spouse and in respect of any children
Who is responsible for paying bills, such as school fees
Who is responsible for any debts, such as a credit card
The existence of a separation agreement does not mean that court proceedings cannot be issued. Divorce, dissolution and other court proceedings remain an option. In the event that there are court proceedings in respect of children or finances then the court can make whatever it ought it believes is right and proper but providing there has been full and frank disclosure of all financial information by the parties and that the parties gave their informed consent to the agreement having taken legal advice then a separation agreement that was fair and met the needs of the parties and their children would usually be upheld.
Since it might potentially become an important document in later court proceedings it is important that professional advice is taken before entering into an agreement. Our expert team of experienced family lawyers are here to assist you in drafting a separation agreement or advising