Separation Agreements
Advice on separation agreements, including property, finances and the arrangements you may need to make when a relationship ends.
Separation Agreement Solicitors
Separation Agreements
When a relationship comes to an end, you may be able to agree between yourselves what should happen next without immediately getting divorced or going to court. Putting those arrangements in writing can give you both more clarity and confidence about where you stand.
A separation agreement can record the decisions you have made about your finances, property and other practical matters following separation. It can be particularly useful if you are not ready to divorce, plan to remain separated for a period of time or simply want a clear record of what has been agreed.
Our separation agreement solicitors can help you decide whether an agreement is suitable for your circumstances and make sure it reflects what you have agreed.
What Can a Separation Agreement Cover?
What is included in your separation agreement will depend on your particular circumstances and what you need to resolve.
It may cover matters such as:
- What will happen to the family home
- How savings, debts and other financial commitments will be dealt with
- Who will be responsible for particular household expenses or bills
- Arrangements for jointly owned property
- Financial support following separation
- Personal belongings and other assets
- How particular financial arrangements will work while you are living separately
If you have children, you may also want to make practical arrangements for their care. We can provide advice about arrangements for children where you need help agreeing on things like where your children will live, the time they spend with each parent or other issues concerning their upbringing.
When Might a Separation Agreement Be Useful?
There are many reasons why a couple may decide to separate without getting divorced straight away.
You might want some time before deciding whether divorce is the right step, or there may be personal or practical reasons for remaining married while living separately. In other cases, you may already know that the relationship has ended but want to establish clear financial arrangements for the period before a divorce takes place.
A separation agreement can provide a written record of the arrangements you have reached during this time.
It may also help reduce uncertainty by making it clear what each person has agreed to do following the separation.
Is a Separation Agreement Legally Binding?
A separation agreement is not the same as a court order, so it is important to understand its legal status before entering into one.
The court can take a separation agreement into consideration if you later divorce and need to resolve your finances. How much weight is given to it will depend on the circumstances, including how the agreement was reached and whether it remains fair.
Taking independent legal advice can be important when an agreement is being prepared. Both parties should understand what they are agreeing to and the financial implications of doing so.
Our solicitors can explain how a proposed agreement may affect you and make sure its terms are recorded clearly.
Getting the Financial Details Right
Before entering into a separation agreement, you need to have a good understanding of your financial position.
Depending on your circumstances, this may involve looking at property, savings, debts, income, pensions and other assets or financial commitments.
We can advise on financial issues arising from separation and help you understand what needs to be considered before an agreement is finalised. If you later decide to divorce, you may also need advice about how finances are divided and how the arrangements in your separation agreement could affect a future financial settlement.
Bridge McFarland already advises separating couples on financial disclosure, asset valuations and possible settlement terms where required.
What Happens if We Later Decide to Divorce?
A separation agreement does not end your marriage. If you later decide that you want to legally end the relationship, you will still need to go through the divorce process.
At that point, the financial arrangements recorded in your separation agreement can be considered when deciding how your finances should be dealt with following divorce.
Your circumstances may have changed since the agreement was made, so it is sensible to take advice before relying on an existing agreement as the basis for a final financial settlement.
If you need support with divorce and separation, we can advise you on the next steps if you decide to end your marriage, including the no fault divorce process.
Separation Agreements for Unmarried Couples
If you are not married or in a civil partnership, different legal considerations apply when your relationship ends.
Unmarried couples do not have the same legal framework for resolving finances on separation as married couples. Issues around property ownership can therefore be particularly important.
We can provide advice on cohabitation for unmarried couples on their rights and responsibilities following separation, including issues involving jointly owned property and other financial arrangements.
Agreeing Terms Without Going to Court
Where you are both able to discuss your separation constructively, reaching an agreement outside court can give you more control over the arrangements you make.
Our solicitors can help you understand your legal position while negotiations are taking place and ensure that any proposed terms are considered carefully before you commit to them.
If you are finding it difficult to reach an agreement, other approaches may also be available. Our family law team can offer advice and support on ways of resolving family disputes without unnecessary court proceedings where appropriate.
Clear Advice When You Decide to Separate
You may be considering a separation agreement at the very beginning of a relationship breakdown or after you have already agreed most of the practical details between yourselves.
Whatever stage you have reached, legal advice can help you understand the effect of what you are agreeing to and identify any issues you may not yet have considered.
With offices across Lincolnshire and East Yorkshire, Bridge McFarland LLP can help you put clear arrangements in place and plan for what happens next.
Putting Your Agreement in Place
If you have decided to separate and want to record the arrangements you have reached, our family law team can help you put those terms into a formal separation agreement.
Call 0800 987 8800 or email enquiries@bridgemcfarland.co.uk to discuss the next steps.
Frequently Asked Questions about Divorce
How easy this is to do and how to do it will depend on who has parental responsibility and whether all parties agree to the change. If all parties with parental responsibility have provided written agreement to the change this can be done easily via a Change of Name Deed. If one parent refuses, a Specific Issue Order will need to be obtained from the Court.
The minimum time it will take to complete a straightforward, no-fault divorce anywhere in the UK is currently 26 weeks. Divorce applications are dealt with through the divorce centre closest to you. Sometimes there are backlogs meaning the average time can be approximately 28 weeks. It will take longer if there is a financial settlement involved or or arrangements for children or in circumstances such as the divorce papers need to be served on your spouse.
If a settlement can’t be reached between the parties as to what should happen to their property, the Court will make a decision. This is based on what the Court considers to be fair, based on the circumstances of both parties.
The factors that will be taken into consideration are governed in law under the Matrimonial Causes Act 1973 including:
- The welfare of any child under the age of 18 (this is the first consideration)
- Income and earning capacity and financial resources of both parties including what they have now or are likely to have in the future
- Any contributions made by either party or likely to in the future
- The financial needs and obligations the parties has or are likely to have in the future
- The standard of living during the marriage
- The length of the marriage
- The age of each party
- The health of both parties including any physical or mental disability
- The conduct of both parties in that it would inequitable to disregard
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