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.

Similarly, if are not married or in a civil partnership, but are separating after living together, a Separation Agreement can provide legal certainty about any deal that you do with your ex.

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. A divorce or dissolution that eventually follows a Separation Agreement will usually take place on the basis of 2 years’ separation, with the consent of the other side.

If and when any divorce or dissolution proceedings take place, the Court can then be asked to make a Financial Order confirming the agreement. This does not usually involve having to attend a court hearing.

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 know 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.

If you are not married 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.

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