Separating from your spouse or civil partner
If you and your spouse or civil partner are separating and either have not decided if there is going to be a divorce or dissolution, or if no divorce or dissolution proceedings are likely for a while, you should consider having a Separation Agreement.
Separation Agreements can set out the way in which your assets are divided between you and can provide for the payment of maintenance. They can also include a timetable for divorce or dissolution proceedings if that is your wish.
If or when any divorce or dissolution proceedings take place, the Family Court can then be asked to make a financial consent order confirming the agreement. This does not usually involve having to attend a court hearing.
The court does have the power to decline to uphold a Separation Agreement where it considers the term so be inappropriate, but provided that both parties have received legal advice before entering into the agreement, it will usually uphold the agreement and make an order reflecting its terms so that it is then legally binding.
Armstrong Family Law can act for you in negotiating, drafting and completing the Separation Agreement, as well as advising you so that you can be confident that the agreement is fair and meets your and your family’s needs.
Separation Agreements (also known as Deeds of Separation) are complex legal documents. Both you and your spouse or civil partner should seek legal advice before entering into a Separation Agreement. The Family Court may decline to uphold a Separation Agreement where one or both parties have not received independent legal advice before signing it.
What if you are not married or in a civil partnership?
If you are not married or in a civil partnership, but are separating after living together, a Separation Agreement will also provide legal certainty about any deal that you do with your ex. Unlike in a divorce or dissolution, there is usually no need to seek an order from the court reflecting the terms of the agreement unless there is a dispute about the agreement.
These agreements can be complex and many people who cohabit have a poor understanding of their legal position. It is vitally important that you seek legal advice from a specialist family law solicitor before entering into such an agreement as it is likely to be binding on you even if you have not obtained legal advice (unlike the position with married couple who are separating).
If you are not married or in a civil partnerships and need advice about a financial dispute that has arisen as a result of the breakdown of your relationship, please click here.
Armstrong Family law abides by the Resolution Code of Practice.