Separation agreements

There are many reasons why couples separate, temporarily or permanently, but don’t divorce or dissolve their civil partnership. For example, a separation rather than a divorce may help you maintain advantageous circumstances surrounding a property, taxes, insurance or child arrangements.

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.

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 and should you need to go to court further down the line, the courts will take the separation agreement into strong consideration when making a ruling.

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.

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. 

Our Family team is based in Leeds, York and Sheffield but acts for clients across the UK. The team has years of experience working with individuals to help them achieve the best outcome in a separation. Whether you are looking for confidential legal advice, wishing to proceed with a separation or requiring assistance in dividing assets and property, we can help.

We understand that divorce proceedings can be a difficult time and work hard to reach a satisfactory conclusion as swiftly as possible.