SEPARATION AGREEMENTS
WHAT IS A SEPARATION AGREEMENT?
A separation agreement is a written agreement between a couple, married or unmarried, who intend to stop living together. The couple agree beforehand about any financial arrangements, children and, if relevant, any planned divorce. Whilst the agreement is not automatically binding on both individuals either party can produce it before a court and argue that it should be made into an order, if there is a subsequent dispute.
HOW DO I GET A SEPARATION AGREEMENT?
It is advisable for you and your partner to take legal advice. You must use different solicitors. Your solicitors will then be able to give you clear advice as to the reasonableness or otherwise of the proposed agreement.
WHAT IS AGREED / INCLUDED IN THE SEPARATION AGREEMENT?
- To live separately.
- How the property/assets are to be divided.
- To provide financial support (maintenance) for the other partner. A separation agreement would normally say that maintenance will stop if the partner starts living together with a different partner. Any agreement not to apply to court in the future for financial support does not count legally.
- To provide financial support (maintenance) for any children of the relationship. Any agreement not to apply to a court or to the Child Support Agency in the future does not count legally.
- Who the children should live and have contact with.
The advantage of a written agreement is that it's easier to make sure that you both understand what has been agreed. It also means that either partner can go to court to enforce the agreement in the future.
CALL 0161 832 3304 FOR A CONSULTATION WITH A SOLICITOR AT DAVIS BLANK FURNISS
