Separation Advice – for married or unmarried couples

Are you separating from your partner or spouse?

Have you reached a financial agreement you would like to be made binding?

Then you should consider having a Separation Agreement, sometimes called a Deed of Separation, which our Family Law Team can prepare for you.

What is a Separation Agreement?

A Separation Agreement is a document which can set out how you have agreed to divide your assets upon separation, such as your home, savings or investments.

Who Can Have a Separation Agreement?

Couples separating who are not married.

Couples who are married and separating, but do not wish to Divorce yet. If you are Divorcing now, you should instead have a Clean Break Consent Order.

Is a Separation Agreement Binding?

Yes, if you are unmarried, a Separation Agreement, if fairly entered into and properly drafted, will be an express declaration of your intentions relating to your property and assets and will be legally binding upon you both.

If you are married, a Separation Agreement could be challenged in future Divorce. However, it is the best and only protection you can have now, if you do not intend to Divorce straight away. A Court will attach a lot of weight to this agreement and will follow it in future Divorce proceedings if (1) it is fair (2) neither spouse is pressured to enter into it (3) both parties understood the agreement (4) both parties knew what the assets were (5) it provides for needs generated by the marriage and (6) both parties had the opportunity to get legal advice.

How Much Does it Cost?

It will depend on how simple or complex your financial situation is. If you make contact with our Family Law team, they can agree a fixed fee with you, so that you know exactly how much it will cost.

What are the Benefits of a Separation Agreement?

It sets out how your assets will be divided upon separation and records there will be no future claims. It therefore gives you clarity and security.

What can the Separation Agreement contain?

• Record how you have decided to deal with your home, for example a sale and how the sale proceeds will be divided.
• That one party will keep the home and buy the other out.
• That one party can stay in the home for an agreed period, before they have to sell or buy the other out.
• Record how you will divide other assets, such as savings, pensions, house contents.
• Make clear that you will make no further claim against one another in the future or on each other’s estates on death.
• If you would like a Separation Agreement, please call us and ask to speak to a member of our Family Law team or use the enquiry form below.