Separation Agreement Solicitors
- Details
- Written by: Wembley Solicitors
A separation agreement is a formal contract between separating couples that sets out how to divide joint assets and responsibilities when they decide to separate.
Need help drafting your separation agreement? Call on 0203 417 3700 to speak to our separation agreement solicitors in Wembley, London for legal assistance.
- What is a separation agreement?
- What is the difference between legal separation and a separation agreement?
- Can unmarried partners also enter into a separation agreement?
- What is usually covered by the separation agreement?
- Is the separation agreement legally binding?
- What happens if you reconcile after the separation agreement?
- How much does a separation agreement cost?
- How can we help with the separation agreement?
What is a separation agreement?
A separation agreement is a written agreement between two partners whose relationship has broken down and who are not yet ready for divorce or dissolution of a civil partnership. It is a formal agreement that typically sets out your financial arrangements while you are separated.
If your marriage breaks down but both parties do not wish to file for a divorce or cannot do so immediately, it is advisable to have a separation agreement setting out the terms on which you will separate. All matters arising from a separation should be negotiated between the parties. Complete disclosure of finances should be made by both parties. You can enter into a separation or financial settlement agreement whether you are married or unmarried partners.
Deeds of separation are private agreements made between parties and do not involve the Court but are generally recognised by the Courts in any subsequent proceedings. They also substantially reduce the possibility of challenge and conflict later.
For a Court to consider upholding a separation agreement as part of divorce proceedings, it would have to fulfil these conditions:
- Both parties took legal advice before entering the agreement;
- Both parties’ circumstances are broadly similar to when the agreement was made;
- Both parties made full financial disclosure.
What is the difference between legal separation and a separation agreement?
Legal or judicial separation is different to a separation agreement. Legal separation is the process of going through the Courts to formalise your separation. On the other hand, a separation agreement is a written document that notes how you intend to split your assets on divorce.
Can unmarried partners also enter into a separation agreement?
Unmarried couples may also find a separation agreement a useful way of dealing with the issue of splitting jointly-held assets and responsibilities. For example, a cohabiting couple may want to formally agree on how to split the remaining rent owed on a fixed-term tenancy.
If you are not married you might find separation decisions difficult precisely because there was no formal marriage nor the opportunity for agreement on joint assets and responsibilities. How you share joint interests may have evolved in an undefined way. Making a separation agreement will allow you to decide what is fair for each party and mutually agree on that decision, reducing the chance of misunderstanding or unfairness.
What is usually covered by the separation agreement?
You can enter into a separation or financial settlement agreement to agree on how your money, property and responsibilities will be divided after you separate. Here are some examples:
- Who pays the mortgage or rent, and household bills;
- Who continues to live in the family home and/or what happens if it is sold;
- What happens to any debts, such as loans or overdrafts;
- What happens to savings, investments, and other financial assets;
- What happens to any items such as cars or furniture especially bought jointly?
Is the separation agreement legally binding?
Technically, separation or financial settlement agreements are not legally enforceable. A separation agreement is not a court order and the Court is not usually involved in creating it. However, it is a type of contract and it can still be challenged in Court in the same way as any other contract. That is why it should be properly written by a financial settlement solicitor.
What happens if you reconcile after the separation agreement?
If you resolve your issues and decide to reconcile after the separation agreement has been put into place, the separation agreement will come to an end.
How much does a separation agreement cost?
Family law solicitors at Wembley Solicitors offer an hourly rate for separation agreements, starting from £250 per hour.
To clearly understand your legal position, book a comprehensive & confidential consultation session with our family law solicitor for just £60 plus VAT.
How can we help with the separation agreement?
It is important to have the separation agreement drafted by a legal expert so you get it the right first time, so take the time to get it right now in case it is later challenged by either party.
At Wembley Solicitors, our team of highly experienced divorce and family law solicitors provide confidential legal advice and draft separation agreements.
If you need legal assistance with a separation agreement, contact our family solicitors based in Wembley, London at 0203 417 3700.
Need legal advice & assistance?
Our London based team of the best divorce and family law solicitors offers legal services in all areas of family law such as divorce, financial settlements etc.
We're authorised and regulated by the Solicitors Regulation Authority (SRA), so you know you're in safe hands.
Contact our solicitor today to get legal advice and assistance with your legal matters.
You can call us on 02034173700 or leave your details here for a callback request regarding your legal matter.