Separation Agreements are used by couples for whom divorce is not something they wish to pursue immediately, preferring a trial separation or where there are no grounds for divorce.
If you and your spouse have decided that separation is the solution and you are able to agree how to divide your financial assets, you can enter into a legal Separation Agreement. This is a contract between separating couples and we would recommend this route to couples who can achieve a resolution amicably.
Separation Agreements cannot bring financial claims on divorce to an end as only an Order in divorce proceedings can do that. Whilst a Separation Agreement can provide for all future claims, there are some things that can only be made enforceable by a Court Order. This would include orders in relation to pensions and dismissal of financial claims. However, Separation Agreements can stipulate the intentions of the parties and will carry a significant amount of weight with the Court if there is a separation dispute or financial matters at a later point. It is crucial that the Separation Agreement represents an appropriate outcome for both parties and this is something we work hard to achieve. Additionally, each party should have provided to the other full and frank disclosure of their financial circumstances before the Separation Agreement is drawn up which should be recorded in the schedules annexed to the agreement. Independent legal advice for both parties is essential.
If a Separation Agreement has been prepared property, the Court will have to find good reason not to uphold the agreement at a later date.
Please contact one of our experienced family solicitors to discuss whether a Separation Agreement is right for you.
Please contact us today to arrange a fixed fee consultation for £100 plus VAT with a family and divorce solicitor in Bicester or Oxford. The fixed fee meeting will last for about an hour and is followed up with a detailed letter of advice.