Considering Separation? A Guide to Separation Agreements in the UK

Thinking about separating from your partner? Perhaps you are not quite ready for a divorce? Perhaps you are unmarried but have shared assets such as a house? It's a difficult time and sorting out finances can add extra stress. A separation agreement can help navigate this process smoothly. Here, at Family Law Consultants, we understand the complexities of separation, and we're here to guide you.

What is a Separation Agreement?

A separation agreement is a formal document outlining how you and your ex-partner will divide finances after separation. It covers aspects like:

Division of Assets: This includes property, savings, investments, and debts.
Living Expenses: Who pays rent/mortgage, utilities, council tax, etc. going forwards
Spousal Maintenance: Financial support for one partner if there's a significant income difference.
Child Maintenance: Financial support for children if applicable.

What are the benefits of a Separation Agreement?

There are numerous reasons why a separation agreement might be a good solution for you. These include:

Clarity and Certainty: A clear financial plan reduces future disputes and allows both parties to move forward.
Amicable Separation: Formalising financial arrangements can contribute to a more amicable separation.
Flexibility: You can tailor the agreement to your specific circumstances.

When is a Separation Agreement Useful?

A separation agreement might not always be appropriate or needed but could be considered if:

You are considering divorce but are not ready: If divorce isn't immediate, a separation agreement helps manage finances during this interim period.
You feel there is room for reconciliation: An agreement allows breathing space while outlining how finances would be handled if reconciliation doesn't occur.
You are an unmarried cohabiting couples: For unmarried couples separating, a separation agreement protects financial interests.

Can you make a separation agreement binding?

This depends entirely on your circumstances and how well the separation agreement has been drawn up. The arrangements can carry significant weight in court if done correctly. For married couples or civil partners a separation deed can be made legally binding by turning the agreement into a financial remedy order. The separation deed should be redrafted into a consent order at the time of divorce to formalise the financial arrangements through the court, making them legally binding.

For unmarried couples the separation deed is effectively a contract entered into voluntarily on the basis that each party is fully aware of the other's circumstances and depending on the provisions contained therein could be enforced in a civil court.

Costs and Considerations

The cost of a separation agreement depends on the complexity and whether you use a solicitor. Here at Family Law Consultants we offer a fixed fee package of £900 (including VAT). This includes drafting the document and arranging for it to be signed. It does not include any negotiations and so is only suitable for those couples who are already in agreement.

FAQs

Do I need to file a separation agreement? No, but for a "deed of separation," specific formalities apply.
Do I need a separation agreement? While not mandatory, it's highly recommended for clarity and future security.
Do courts consider separation agreements? Yes, courts take well-drafted agreements seriously as evidence of financial arrangements.

Contact Us

Separation can be emotionally charged. Our experienced family law solicitors can guide you through the process and ensure a fair and amicable separation agreement. If you need any advice on your separation/divorce, then please contact us and find out from one of our family law experts how we could help. Contact us on 0333 9205911 or fill out a call-back request to explore how we can assist you.

Written by Joanne Bennett