Separation Agreement Solicitors

Deciding to put in place a formal separation agreement is a sensible way of creating some stability and certainty at an inherently worrying and upsetting time.

Putting an agreement in place is especially useful where the parties have agreed to separate for an extended period before going ahead with a divorce, and where a couple own property and have children.

Potential reasons to enter into a Separation Agreement

  • To record the fact that the parties have separated, thus creating evidence of the necessary separation period as a ground for divorce under current divorce law;
  • To assist in considering at an early stage what assets there are and how to divide and deal with those assets during separation with a view to reaching an outline agreement about those assets and/or liabilities to utilise in a future final divorce settlement;
  • Dealing with ongoing financial commitments during the separation period such as mortgage payments and other outgoings.
  • Where there are children, ensuring that an agreement is in place to govern financial maintenance and provision for the children sufficient to ensure their ongoing needs are met.Considering and establishing new or interim living arrangements, including whether or not the parties will continue to live together under the same roof and for how long, whether one party will vacate the family home and, if so, how often and when that party will spend time with any children of the family.

Are Separation Agreements legally binding?

Separation Agreements are entered into voluntarily between the parties, but they are not strictly legally binding and do not have the weight of a formal financial consent order on divorce.

However, a written separation agreement can be presented to the court as compelling evidence of the parties’ intentions at separation in later divorce proceedings. In certain circumstances, the terms of the Separation Agreement can be considered strong evidence by a Court.

Can 1 lawyer act for both parties?

No, separate legal advice is needed for each party.

If you need an experienced, cost effective family lawyer in London to prepare or advise on a separation agreement or for advice on the legal implications of separating, please call or email.

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