What is a Separation Agreement?
Separation Agreements are for married and unmarried couples who intend to separate and want a legal document drawn up to confirm arrangements for their finances. Entering into a Separation Agreement can avoid quarrels over household bills, possessions, how best to deal with joint assets and how best to help any children involved.
If you can reach a voluntary agreement then this can be incorporated into a Deed of Separation, which is also called a Separation Agreement.
A Separation Agreement is a formal contract, and when it is drawn up by highly trained legal professionals such as the Family Law Team at Ashmans Solicitors, it can be used in court. At Ashmans Solicitors we take care of all your legal documentation, to take the stress away from you.
In order for the Separation Agreement to be put into place, there must first be a full and frank disclosure of each party’s financial circumstances. Without this, the Agreement is extremely unlikely to be upheld in case of a dispute in the future about its terms.
It is crucial to have a specialist in Separation Agreements on your side, to give you sound legal advice that you can trust.
Ashmans Solicitors Family Law Team advise those people who are seeking help with Separation Agreements. Please lose no time in getting in touch with us. CALL US ON 0333 009 6275. Alternatively, you can email us at: firstname.lastname@example.org
What The Separation Agreement Contains
The wording of the Separation Agreement is flexible – so you can decide what you’d like to include.
A Separation Agreement can formalise decisions you make jointly in relation to:
- Houses and property: who will live in the family home? Will it be sold? How will other residential, commercial or investment property be divided or managed?
- Mortgage/Rent and bill payments: who will be responsible for paying mortgage/rent payments and other bills? In what proportion will they be paid.
- Possessions: what will happen to items of property that you bought jointly or each have a claim to? These items may include: vehicles, valuables, sentimental items, furniture or artwork.
- Childcare arrangements: who will your children live with? What parental access arrangements will be in place? Will maintenance will be paid to support children? If so, who will be responsible for these payments?
- Debts: how will these be managed? Who will be responsible for clearing them?
- Savings and investments: How will joint savings and other jointly managed investments be divided / managed, once you separate?
- Pets: who will they live with and will there be access arrangements for the other partner?
If You Decide To Later Divorce
Separation Agreements are often made legally binding when used in divorce proceedings, too. This can happen when your solicitor drafts the document, applies to the court and has it turned into a Consent Order.
In this way, Separation Agreements can:
- Speed up the divorce process. As they give a written contract of your joint decisions in relation to what happens to finances, assets, children and other important matters. You will still need to agree to the terms of the Agreement and if nothing significant has changed since it was made, an Agreement can save you both on legal costs for the divorce and financial settlement.
- Offer a solution for those who have been married for less than 12 months. The law in the UK states that unless a couple have been married or in a civil partnership for at least one year, they cannot start divorce proceedings.
- Be beneficial for those couples who do not want to base a divorce petition on adultery, or unreasonable behaviour. It offers an effective way to formalise the division of assets and other matters such as childcare, while the couple waits for two years, so that they can legally divorce.
- Give valuable time for a couple to make important decisions. Not everyone will know for sure whether they want to make such an important decision as to legally divorce. A Separation Agreement can offer time and space to work out the best course of action, while ensuring that proper arrangements for children and finances are made.
We understand that drafting agreements dividing jointly owned assets and making important decisions on sensitive issues, such as children and family, can be stressful. At Ashmans Solicitors you can be rest assured of our commitment to representing the interests of our clients.
Contact Ashmans Solicitors now for a free, no-obligation enquiry – all enquiries are welcome.
We have offices in: Central London and East London, Dewsbury, Sheffield, Huddersfield and Leeds.
Please use the Contact Us form regarding your Separation Agreement query, being as detailed as possible.
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