At Garratts, our team of highly experienced family law solicitors will assist you with any questions you may have around separation agreements. To get in touch, call us on 0161 924 0079 or request a callback.
What is the purpose of a separation agreement?
A separation agreement is a document that sets out how two people who formerly lived as a couple will divide up their assets, including childcare support, property, finances, investments and joint debt.
Who is eligible to enter a separation agreement?
Cohabiting partners and unmarried couples may choose to enter a separation agreement. In each case, the separating couple must jointly agree to the terms of their separation agreement.
Married couples and those in a civil partnership can also choose to opt for a separation agreement where they do not want to obtain a financial order or proceed with a divorce.
Can I enter a separation agreement even if I might only separate from my partner temporarily?
You do not need to be permanently separated to obtain a separation agreement.
What should I do if my ex-partner and I permanently separate?
Suppose you and your former spouse or partner have decided to separate permanently without entering a divorce. In that case, you may wish to detail and fairly divide up any joint assets in your separation agreement.
In the case of marriage, your status as a married couple will remain unchanged from a legal standpoint. However, should you wish to proceed with a divorce in the future, you may use the terms set out in your separation agreement to request a final consent order from the Courts.
Can I legally enforce a separation agreement in England and Wales?
A separation agreement is currently not regarded as legally binding in England and Wales. However, the Courts may still refer to the agreement and use it as a decision-making basis if you wish to proceed with a consent order and subsequent divorce settlement to formally end a marriage with your spouse. During a divorce, the weight which the court places on a separation agreement depends on financial disclosure and independent advice.
What should be included in a separation agreement?
Any separation agreement in England and Wales needs to be entered freely by both separating individuals. Each of you should fully disclose any financial matters and liabilities for the duration of the separation.
You may wish to divide up and include the following;
- Financial assets
- Business arrangements
- Savings or inheritance
- Joint debts
- Financial support
- Childcare support
If you and your ex-partner are considering entering a separation agreement, speak to our team of expert divorce solicitors on 0161 924 0079.