Separation Agreement Lawyers

If you and your partner have decided you need a break from the relationship, you may choose to live apart while you consider the options of divorce or reconciliation.

For expert advice from an experienced and understanding family law solicitor, contact Lupton Fawcett today.

There are many reasons why couples separate, temporarily or permanently, but not divorce or dissolve your civil partnership.  A separation rather than a divorce may help you maintain advantageous circumstances surrounding a property, taxes, insurance or child arrangements.  Divorce can be expensive, so it may also be a question of costs.

Whatever your reasons are, it is important to ensure that your interests are protected throughout the separation with a formal agreement that provides you and your former partner with clarity and reassurance about the future.

If you need help with any aspect of your separation, contact Lupton Fawcett today and speak to one of our specialist Separation Agreement Solicitors.

What is a Separation Agreement?

A separation agreement is a legal document that sets out agreed arrangements between a couple on a number of issues, including living arrangements for children, financial matters or any other issues you wish to address.

Although not strictly legally binding in England and Wales, having a separation agreement drafted makes it easier for you and your partner to understand what will happen if you should break up.

At Lupton Fawcett, we can assist you in reaching a settlement following separation. Upon reaching an agreement, we can incorporate what has been agreed into what is known as a separation agreement.

To speak to a family law solicitor for help with a separation, or for legal advice on what your rights are, we are here for you. Get in touch today by calling our Yorkshire-based offices on  0330 404 6443, by sending us an email or by filling in the enquiry form on this page and letting us know when to get back to you.

Do I really need a Separation Agreement?

If you are separating but not yet ready to divorce or dissolve your civil partnership, or you’re unable to get a divorce or dissolution based on the grounds required by the court, it is advisable to make a separation agreement.

Everything may seem fair and amicable at the time, but circumstances can easily change.  The best way to ensure you both adhere to the terms you’ve agreed on is to make a written record that documents your decisions with regard to the division of assets and arrangements for any children.

Without a separation agreement a financial claim could be made against you by your partner for assets owned solely by you prior to your marriage or civil partnership, anything you receive as part of an inheritance, and any wealth earned after the separation.

A separation agreement will give you both some clarity and confidence about the future.

What should a separation agreement include?

Separation agreements are tailored to the unique personal circumstances of the couple, but there are some common elements to consider.

A well drafted separation agreement should include:

• The date of separation
• Your agreement about what it to happen to the family home and any other property you own.
• How any savings will be divided.
• What you plan to do about any debts you have.
• What arrangements you have made for your children and how costs will be covered.
• When and how this agreement will be reviewed in the future.

Separation disputes

If, following a period of separation, divorce proceedings are issued then the terms of the agreement can be incorporated into a consent order, which will need to be approved by the court.

If there is any dispute, the court must weigh up a variety of factors, including whether you have had the benefit of independent legal advice about the terms of a deed prior to entering into any agreement with your partner.