If you have decided that your marriage has ended but you do not want a divorce entering into a ‘Separation Agreement’ may be an alternative option.
At Lund Bennett, we have specialist separation law solicitors who will be able to advise you on all steps involved in entering a Separation Agreement.
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A Separation Agreement is a written contract that usually deals with the financial matters of a separating couple, including the division of any matrimonial property, assets and liabilities. It can also deal with issues involving children, such as where they will live, what contact they will have with the absent parent and what monies each party will be paying towards them.
Separation Agreements can be entered into by married or cohabiting couples who have agreed to the terms of their separation.
In England and Wales, a Separation Agreement is not a legally binding document however the courts are likely to attach significant weight to it to determine the terms of a future divorce settlement and the grounds for the divorce petition. If a Separation Agreement has been entered into and one party tries to resile from it, they would have to demonstrate to the court why they should not be held to the terms of the agreement.
Below are a few scenarios outlining when you may decide to enter a separation agreement:
1. You and your ex-partner decide to separate permanently and divide your assets and financial responsibilities, but you do not wish to proceed with a
formal divorce. In the eyes of the courts, you will still be legally married but permanently living apart. When divorce proceedings are eventually instigated,
you can both invite the court to embody the terms of the Separation Agreement into a final Court Order (known as a Consent Order).
2. You and your ex-partner decide to separate temporarily. You want to detail how financial matters should be handled in the interim until you decide
whether to separate permanently or formally divorce.
At Lund Bennett, our separation law solicitors can help you draft a Separation Agreement for you and your spouse to sign. It will detail any financial arrangements for your separation period, including:
- Personal property
- Business arrangements
- Savings or inheritance
- Financial support to include spousal maintenance
- Childcare support
If you decide to proceed with a divorce in the future, the courts may use the Separation Agreement as a basis for the courts for handling your financial matters.
If you have decided to separate from your spouse or cohabiting partner and wish to draft a separation agreement, get in touch with our team highly experienced separation law solicitors. Based in South Manchester, Lund Bennett Law offers comprehensive, expert legal support for anyone considering separation in the North West. Contact us on 0161 924 0079 for your free, no-obligation consultation.
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Contact us on 0161 924 0079 for your free, no-obligation consultation.