Many couples, who are facing difficulties in their marriages may wish to have a period of time apart but are not necessarily ready to instigate the finality of divorce proceedings. For those couples, a correctly drafted separation agreement, or separation deed, may be the ideal solution. If you and your partner are splitting up, our leading family law firm based in the north east can help write a bespoke separation agreement for you.
Married couples can decide between themselves to separate and are not under any legal obligation to inform any legal professional they are no longer together. Separation Agreements are a much less formal approach than divorce and often provide effective ways of regulating the financial arrangements and personal commitments that need to be determined following a breakdown of a marriage.
Separation agreements can include some or all of the following types of matters:
- Division of property
- Decisions who will live in the former matrimonial home or other property
- Sharing of investment products and savings
- Agreements about family businesses/partnerships and transfer of shareholdings
- Payment spousal maintenance and child maintenance
- Who will bear responsibility for the payment of bills, debts, etc.
- Other provisions about children including the payment of school or tertiary education fees
- Arrangements for future divorce – if the breakdown appears irretrievable
A Separation Agreement cannot exclude the right of a family court to consider whether it should apply, but if there has been proper financial disclosure, informed consent, and legal advice, then the agreement will usually be upheld – providing that it was fair and also ensured that the needs of your children had been considered.
It is therefore wise to ensure any document is accurately drafted by a family lawyer to ensure it meets the criteria to be upheld by a judge looking at it, perhaps years later. For assistance in drafting a Separation Agreement, call 01661 824582 today to arrange an appointment with a member of our expert family law team. We provide a compassionate and affordable service regardless of your circumstances or background
Separation Agreements which meet the criteria can be made into Orders in divorce proceedings.