Separation Agreement Solicitors
A separation agreement is a joint arrangement you and your former partner create. It covers important details like where you'll live, childcare arrangements, division of shared money and property, and how to manage shared debts.
If you're currently going through a separation and need help negotiating or drafting a separation agreement, our team of experienced solicitors is here for you. We'll walk you through the process, ensuring your rights and needs are taken care of.
Contact us for a free case evaluation and a free quote for the services of an expert divorce lawyer.
What is legal separation?
Legal separation provides couples with the option to live separately without officially divorcing or dissolving their civil partnership.
This arrangement is typically used when the relationship has broken down to the point where living together is no longer possible. However, it can be either a temporary solution, a precursor to divorce or dissolution of a civil partnership, or a permanent arrangement.
What’s the difference between divorce and legal separation?
Divorce legally ends a marriage, but a legal separation doesn't.
A separation agreement outlines terms agreed upon during separation but isn't legally binding. However, if the couple later divorces, a court may consider it when deciding on a fair financial settlement and child arrangements.
How to get a legal separation
Before you apply for legal separation you and your partner must decide whether to do so jointly or individually.
A joint application is suitable when both partners agree on the separation and there are no concerns about domestic violence.
Alternatively, a sole application is appropriate if one partner disagrees with the separation or if there are concerns that the other won't cooperate with court proceedings.
What is a separation agreement?
A separation agreement is a contract that outlines the rights and responsibilities of separating couples.
It agrees on matters regarding property, finances, and child arrangements. Solicitors can negotiate the terms of a separation agreement and draft them to make sure they reflect the separating couple's wishes.
When can you use a separation agreement?
You might use a separation agreement if:
Divorce conflicts with your religious beliefs.
You need time to decide between continuing the relationship or proceeding with divorce.
Your marriage or civil partnership is less than a year old, making immediate divorce or dissolution impossible.
Separation allows you to sort out assets and parenting duties until you're ready for divorce or dissolution. It's also helpful if children are involved, providing a peaceful alternative to legal battles that can distress them.
What should a separation agreement include?
Every family is different, so there's no standard separation agreement that works for everyone. If you're creating one, here are some things you might want to cover:
Who's responsible for paying rent, mortgage, bills, and debts
How money will be divided if you sell a property
How you'll handle finances, like pensions and savings
What happens to shared belongings
Pet arrangements
Child maintenance and/or spousal support
Arrangements for children and visitation schedules
How are finances handled in a separation agreement?
When you make a separation agreement you and your partner must be open about your finances. This process, known as financial disclosure, involves revealing details like debts, savings, property, and investments.
If you can't agree on financial matters, such as asset division or debt repayment, seeking legal advice or family mediation can help you find a resolution.
However, if one party hides financial information, it can jeopardise the agreement and be used against them in court.
Although financial arrangements in a separation agreement aren't legally binding, they can be converted into a binding consent order if you decide to divorce later.
How are child arrangements handled in a separation agreement?
Child arrangements outlined in a separation agreement aren't legally binding, either. To make legally binding arrangements for your children, you need to apply for a child arrangement order.
That said, you can use a separation agreement to formalise arrangements about where your children will live, visitation schedules, and communication between parents. If you can't agree on these details, you may have to apply for a court order after attending a MIAM.
Before a court order is issued, you might need to attend multiple court hearings. The court may also ask you to try mediation again or attend a conflict resolution course before making a final decision.
How are living arrangements handled in a separation agreement?
If you live together and decide, following a period of separation, that you want to get a divorce, you will have to show the court that you are maintaining separate households.
Does that mean one of you has to move out? Not necessarily.
It is possible to maintain separate households as per the law while still living in the same property, as long as you don’t:
Is a separation agreement legally binding?
A separation agreement isn't automatically legally binding.
To make it legally binding, you need to get either a consent order, child arrangement order, or financial order.
Do separation agreements carry weight in court?
Even though separation agreements aren't legally binding, a judge will consider them in court proceedings involving separating couples. However, the weight given to these agreements depends on their contents and the circumstances in which they were made.
Courts are more likely to take separation agreements seriously if both parties seek legal advice before agreeing. This shows that both parties understood the consequences of the agreement and entered into it with full awareness.
Can I write my own separation agreement?
While you can draft a separation agreement, it might not hold up as well in court if there's a disagreement later on.
An agreement created with the guidance of a family law expert is more likely to be upheld by the court.
Do I need a solicitor for a separation agreement?
You should get legal advice from a qualified solicitor before making or signing a separation agreement, or it may not hold up in court later on.
At Lawhive, we can connect you with an expert divorce solicitor in as little as 24 hours. Contact us to get started.
How much does a separation agreement cost?
If you've already agreed to the terms, a solicitor can draft a separation agreement from as little as £429 through Lawhive. If you need help negotiating terms and drafting the agreement, the cost starts at £599.
Contact us today to get your personalised fixed-fee quote.
Does a separation agreement have to be filed anywhere?
You don't have to file a separation agreement anywhere unless you want a solicitor to turn it into a consent order or if you want to get divorced.
Should I get divorced or make a separation agreement?
Many couples aren't ready to get divorced straight away. Financial constraints or needing time to think things through can be valid reasons for this. Whether you're taking a break to process emotions or unsure about divorce, it's a deeply personal decision.
But even if you're still living together while separated, you still need to tackle important decisions about money, property, and children. If you're unsure whether to go for divorce or a separation agreement, it's wise to talk to a solicitor. They can help clarify your situation and explore your options.
How can Lawhive help?
Separating can be tough for everyone involved. A separation agreement can help you feel more secure about sorting out your affairs.
Our network of family law solicitors can:
Provide legal advice on the implications of signing a Separation Agreement
Draft a Separation Agreement to reflect the agreement you’ve reached with your partner
Communicate with your partner or their solicitor and advise on any requested amendments or objections.
Get a free case evaluation and fixed-fee quote today.