Following a relationship breakdown, a separation agreement can be drawn up to formalise your intensions regarding the division of any assets and the care of any children.
Separating from Your Partner
There may be a variety of reasons why you may not want to issue Court Proceedings for divorce or dissolution when you separate from your spouse or civil partner. This could be for religious reasons or simply because you are not yet sure that you want to permanently end your relationship.
Even though you may not want to formally end the relationship, there may be financial matters or children matters which you need to agree.
One way of formalising your financial and children arrangements is to incorporate the agreement into what is known as a Separation Agreement and which is sometimes referred to as a Deed of Separation. We can help and advise you through that process.
Marital Separation Agreements
Whilst a Separation Agreement will not provide the finality and formality that a Divorce or Dissolution provides, it can nonetheless be of considerable benefit to a couple, particularly in addressing financial issues for the future and children arrangements, prior to formally ending the relationship.
Although a Marital Separation Agreement is not currently binding in England and Wales, it provides clear evidence of the parties’ intentions should they later issue divorce or dissolution proceedings which requires the Court to become involved in settling finances or child arrangements. It is for this reason that it is sensible for both parties to provide full and frank financial disclosure and to seek separate legal advice when entering a Separation Agreement.
If the parties still agree the Separation Agreement terms when divorce or dissolution proceedings begin, if indeed they do begin, an Order can be drawn up in those original terms, then making them legally binding and enforceable, whilst at the same time mitigating the costs involved because much of the necessary preparatory steps would have already been taken in achieving the Marital Separation Agreement.
As with all areas of family law, we are accredited specialist family lawyers able to help and advise you through the process.
Separation Agreements for unmarried couples
When your relationship with your partner breaks down you may be able to attend mediation with your partner, or agree between yourselves how your finances, property and arrangements for the children can be resolved.
A Separation Agreement or Deed of Trust can formalise your arrangements and detail your agreement in relation to property, finances and your children. We can advise and help you through that process.
Resolving finances when your cohabitation relationship breaks down can be extremely complicated and an area where specific legal expertise is necessary. We have that expertise to advise and guide you through such a process.
