In the event of a relationship breakdown, our experienced team will help you prepare a separation agreement (deed of separation).
A separation agreement may be a useful document for those who wish to separate but don’t want to commence divorce proceedings immediately, or for couples for whom there may be a religious or cultural reason for not wanting to divorce.
It may also be a useful document for cohabiting couples who are separating, allowing them to record the terms of their separation, particularly if the transfer and ownership of property are involved.
Areas covered often include:
- The date the relationship ended
- Arrangements to cover the mortgage, rent and household bills
- How the family home will be dealt with (i.e. whether it will be sold or transferred from one party to the other and if so on what terms)
- How other aspects of the financial relationship will be resolved (i.e. the payment of debts or the division of savings, investments and other assets)
- Child maintenance agreements and childcare arrangements including parental access
Legal advice and support can help to finalise an agreement – particularly as both parties must agree to the content and any subsequent changes. The process requires full financial disclosure from both parties.
Although a separation agreement cannot prevent the court from making financial orders within future divorce proceedings, agreements that have been properly and fairly negotiated and drawn up with independent legal advice will be given full consideration by the court if challenged.
We would be happy to advise you on your individual circumstances. Please call Amy Walpole on 01603 660 811.