If you wish to draw up a separation agreement, our family team are able to advise and assist you through the process.
Our team of family experts are on hand to assist you and guide you through the whole process with the utmost sensitivity. Call Reeds on 0333 240 7373 or via email on info@reeds.co.uk.
The process of separation and divorce is difficult for all couples, and the route they take in separating will be as unique as the route they took in becoming a couple. In most cases a married couple may decide to immediately enter into the process of divorce, though for some a period of separation is preferred. If you do not wish to start divorce proceedings, then a separation agreement may be your next step.
A separation agreement is a document created when a couple decide to not live together anymore. The document will set out any terms of settlement relating to finances, property and children. Such agreements can include decisions relating to bill and mortgage payments, living arrangements, finance and asset division, and childcare considerations.
Whilst a separation agreement is more common for married couples who wish to delay formal divorce proceedings, they can also be entered into by unmarried couples. Such couples may find a separation agreement useful as they are not protected by law in the same way as married couples are.
Expert Legal Advice: How Our Separation Agreement Solicitors Can Help You.
Our expert team of solicitors are available to help you through the process of a separation agreement. We can negotiate your formal agreement or, if no negotiation is necessary, we will draft the formal agreement.
The process can extremely complicated. We will advise you on any consequences of any specific term to help you get your best outcome.
For any advice on separation agreements, call Reeds on 0333 240 7373 or via email on info@reeds.co.uk.
Financial Disclosure
To ensure that a separation agreement isn’t challenged it is important that you and your partner are honest and open about your finances. This is called ‘financial disclosure’.
During this process, each of you will be aware of what the other person has, including:
- Property
- Investments
- Savings
- Debts
If there is not a complete financial disclosure during the process of drawing up a separation agreement, then it is possible that the agreement cannot be relied on.
FAQs
What’s the Difference Between a Divorce and a Separation.
A divorce legally ends a marriage, whilst a separation does not.
What Is a Separation Agreement?
A separation agreement sets out arrangements between you and your spouse to cover a period of separation – before getting legally divorced. If a couple wish to get divorced immediately, a separation agreement will not be necessary.
The agreement usually details decisions around money, property and child care. This can cover what will happen to the family home, where adults and children will live, how savings will be divided, the payment of bills and financial responsibilities, and what support money should be made available through the separation.
A separation agreement is not a legally binding document, but a court will consider the agreement made during the divorce process.
Should I Get a Divorce or Enter Into a Separation Agreement?
There are many reasons why a person may not wish to start divorce proceedings straight away. This can be to do with pragmatic concerns of a divorce (cost and the difficulties in separating assets, or property falling into negative equity), or wanting to rely on two years’ separation when getting a divorce.
If a couple wishes to delay divorce proceedings for whatever reason, then it may be prudent to create a separation agreement to outline important decisions about family, property, and children.
Are Separation Agreements Legally Binding?
Whilst a separation agreement is a legal document, they are not considered legally binding in their own right. They are created without the intervention of a court and are not a ‘court order’.
They are a legal contract made freely between two consenting parties,
Why Might a Non-married Couple Want a Separation Agreement?
Non-married couples may find a separation agreement helpful in handling the split of jointly-held assets and responsibilities.
Marriage is no longer considered ‘the next step’ for many. Couples frequently choose to be in a committed relationship without marriage or a civil partnership, and will continue to build a life together. This means having joint responsibilities and assets (such as mortgages and property), without the legal security that a marriage provides in the event of separation.
A separation agreement can provide unmarried and co-habiting couples a formal agreement on how assets and responsibilities should be split during a separation. For example, how rent should be paid during a fixed-term tenancy, or who is responsible for mortgage payments.
Do I Need a Solicitor for a Separation Agreement?
You do not have to have a solicitor when creating a separation agreement. However, it is often a good idea to seek legal advice when agreements of this nature are created.
Having legal advice when the separation agreement is drawn up can help prevent pitfalls in the agreement. Having received legal advice during the creation of the agreement will make the settlement more likely to be held up in court too. If you are asked to sign a legal agreement of any nature, legal advice can help you understand what you are signing, what reasons you should have for not signing the agreement, and what things you are signing away with the agreement.
If you have decided what the separation agreement should cover and how it should be split, then a family solicitor can help turn it into a legal document. Each person entering into the agreement will need their own, independent solicitor to ensure their best interests are met.
For any advice on separation agreements, call Reeds on 0333 240 7373 or via email on info@reeds.co.uk.
How Do I Get a Separation Agreement In the UK?
It is recommended that you and your partner have legal advice whilst creating and signing a separation agreement. A solicitor can guide you through the process and ensure that the agreement is made to avoid any pitfalls and ensure that your best interests are represented in the agreement.
You can involve a solicitor at any stage of the process of creating a separation agreement. To make a separation agreement it is recommended that you go through the following steps.
- Make a full and frank financial disclosure.
It is important that full clarity of any financial assets, savings and debts that each of the individuals have before drawing up an agreement. If this isn’t made, then it is hard to rely on the agreement as reliable if it should come to separation. This financial disclosure should include: Property, Investments, Savings, and Debts
- Make sure you and your partner are in full agreement to how the assets and responsibilities should be split.
If you and your partner can come to a decision around what needs to be included in the settlement, and how the assets and responsibilities should be split, then this can be done without a solicitor.
In some cases, having solicitors to help in the negotiation will be necessary. This will provide both a neutral negotiation and protect each individual’s best interests in the agreement. If it is a particularly difficult negotiation, this may inflate the solicitor costs.
- Recommended: Seeking independent legal advice.
In the event of a separation, receiving independent legal advice can help persuade a court that the agreement was;
- Entered into with full knowledge of what the couple’s legal rights were
- How the agreement will affect them in the event of a separation, and
- That they understood any implications the agreement will have on them.
Ensuring that both you and your partner have received legal advice before signing the document can help ensure that the agreement is more likely to be used by the court to negotiate a separation.
- Recommended: Use a family law solicitor to draft a separation agreement.
Using a family solicitor to draft your agreement into a legal document is a recommended step. This will ensure that the wording represents the intent of the agreement, and that any additional information or concerns that a court may have when reading the document are addressed.
- Have the document signed and witnessed.
To finalise the agreement between you and your partner, you will both need to sign the document in front of witnesses. The witnesses will then need to sign and provide information too. Having a solicitor present during this step provides additional surety that the agreement was signed willingly by both parties.
What Should a Separation Agreement Include?
A separation agreement should include any financial asset, debt and responsibility that you and your partner have. For married couples this should include any asset and responsibility that you have as a couple and independently. For unmarried couples, only jointly held assets or responsibilities should be included.
The separation agreement will detail relevant information including the value of each asset (or debt), any associated information (such as fixed terms for rents etc). An agreement can cover:
- Property
- Personal effects
- Financial assets
- Joint debts
- Maintenance payments
- Parental rights
- Lump sum payments
- Divorce provisions – if the couple are married.
Child arrangements can be included as an appendix to the agreement, but they are not legally binding. A legally binding parental agreement can only be made by applying for a child arrangements order (created by completing form C100).
You can also lay out the arrangements for a family pet in a separation agreement. This can include pet insurance, vet bills and other necessary expenses. It can also detail agreed care arrangements.
Does a Separation Agreement Have to Be Filed in Court?
No, a separation agreement does not have to be filed in court.
Separation agreements are private legal documents that if properly drafted by a solicitor can be made into a consent order during a divorce process (if the couple are married or in a civil partnership).
How Much Does a Separation Agreement Cost?
This depends on how much of the process a solicitor is required for, and how easily a couple come to a decision about how their assets should be split.
We may be able to offer legal help for separation agreements. Full legal aid is only available if there is a court application.
Our team of family experts are on hand to assist you and guide you through the whole process with the utmost sensitivity. Call Reeds on 0333 240 7373 or via email on info@reeds.co.uk.
