Decide what will happen to your property, money and children in the event of a separation….
A separation agreement allows you to set out what you want to happen to your property, money and children in the event of a separation.
To find out more about separation agreements, including the advantages and disadvantages, please download our free guide.
“Professional, kind, efficient and sympathetic too!”
Separation agreements explained
If you have separated from your spouse but you are not yet ready to get a divorce (or you do not want to divorce at all), you might want to put a separation agreement in place. This allows you to set out in writing all the practical issues relating to your separation.
Every separation agreement will differ, as it must be tailored to the situation at hand. However, you might want to include things such as –
- What happens to the family home, including who will live in it, how much each person will contribute towards the mortgage and bills, whether ownership will be transferred and if/when it will be sold
- How you will split any debts
- How you will divide any joint assets or pensions
- Who your children will live with and how often they will see the other parent
- How much child and/or spousal maintenance will be paid
These are just some of the issues that are most commonly dealt with in a separation agreement. A solicitor who specialises in family law can advise you further, suggesting what would be appropriate in your individual circumstances.
Once the agreement is in place, it provides greater clarity as to the rights and responsibilities of each person. If you do go on to get a divorce, the agreement can form the basis of your divorce settlement.
A separation agreement is not legally binding, but it will be taken into consideration by the courts, so long as it was properly drawn up. That is why you should never agree to a separation agreement, unless you are willing to be bound by the terms.
For more detailed information, please download our Guide to Separation Agreements.
Family lawyers for separation agreements
If you would like to put separation agreement in place, you need to speak to a family lawyer.
At Harrisons Solicitors, we can advise whether a separation agreement would be suitable in your case, and will explain what information your agreement should include.
If you wish to proceed, one of our family lawyers can negotiate the separation agreement on your behalf. We will ensure that we get full financial disclosure from your ex, allowing us to secure a fair deal which protects your best interests.
We will advise you throughout the process so you know exactly what is happening, and what the agreement means for you. This will increase the likelihood of the agreement being upheld in the future, as the court will be satisfied that you fully understood the implications at the time of signing.
To speak to a family lawyer about a separation agreement, please do not hesitate to contact.