We are experienced in the preparation of Separation Agreements, or Deeds of Separation, in the event of a relationship breaking down.
The written agreement is a flexible document that will set out terms – typically financial arrangements, in advance of divorce, or dissolution of civil partnership papers being filed.
A Separation Agreement may be a useful document to have 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. They may also be a good document for cohabiting couples who are separating to use to record the terms of their separation particularly if the transfer and ownership of property is involved.
Areas covered often include:
- The date the relationship ended
- The arrangements to cover mortgage, rent and household bills
- How the family home will be dealt with such as 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 such as the payment of debts or the division of savings and investments and other assets.
- Child maintenance agreements and childcare arrangements including parental access
Although Separation Agreements 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. They help provide clarity and certainty during a difficult and turbulent time. Legal advice and support can help in getting an agreement finalised – particularly as both parties must agree to the content and any subsequent changes. The process requires full financial disclosure from both parties.
We would be happy to advise you on your individual circumstances. Please call Richard Dilks on 01603 660 811.
Please contact one of the team to discuss your specific requirements.