Separation Agreement Solicitors

Common Separation Agreement Questions

• Why enter into a separation agreement?

  There are many reasons why people enter into separation agreements, but one thing is certain: it is easier for everyone to agree in advance how things should work out after a break-up, without incurring any additional stress during this tough transition period.

  It might be particularly beneficial for you to draw up a separation agreement if you find yourself in one of the following situations:

  – You have substantially greater capital or income than your partner.
  – You wish to protect the assets that belonged in your name before marriage.
  – You wish to protect the business assets you own.
  – You have children from an earlier marriage or relationship and wish to protect assets
  for inheritance planning purposes.
  – You and your partner are from different jurisdictions.

• Are separation agreements binding on the court?

  While separation agreements are not strictly binding in England and Wales, if you do get divorced, the courts will consider the arrangement you have previously agreed to. In addition, the terms of your agreement may be decisive in any future dispute you may face, unless it is unfair to the parties involved.

  If you are about to sign a separation agreement, take some time and think it through. You should not enter into this type of contract unless your intention is to be bound by its terms.

  Some of the factors that the courts will take into account in determining whether or not an
  agreement will be considered ‘unfair’ include:

  – Whether or not both parties had independent legal advice before entering into the
  agreement.
  – Whether both parties provided full disclosure of their finances.
  – How recent the agreement was – it is common for these documents to include
  provisions that allow either party the opportunity for review after some time has
  passed.
  – Whether one party was under pressure or unaware about what they were signing.
  – Since the courts are looking for fairness, they will take into account any fraud or
  misrepresentation.

  – Whether or not both parties followed legal contractual requirements when entering
  into the agreement, including making sure there is language saying that their
  intentions are “to create legal relations” and to execute the agreement as “a deed”.

  Keep in mind that there is always a chance the courts might uphold part of an agreement
  while considering another section to have been unfair.

• What can a separation agreement include?

  The separation agreement will be tailored to your individual needs and circumstances, so it can cover anything you want. However, the focus is going to revolve around the protection of your finances.

  Most couples who are are planning to separate usually wish to cover the following elements:

  – How their property, including any homes, should be divided among them.
  – How they will handle money held in joint custody, as well as any properties that were
  bought together.
  – How debts will be handled.
  – Whether either of them will pay or receive any maintenance and for how long.
  – Finally, arrangements for children can be one of the most difficult issues in a family’s
  separation. Issues such as where they will live and when they will see their parents
  will also need to be resolved.

  The separation agreement can cover a wide range of issues, just make sure to include all
  the important details, like who gets to keep the cat.

• What will happen you no longer wishes to be bound by the terms of a separation agreement?

  In the event of a divorce, one party may ask to be released from their separation agreement so long as they can provide an explanation for why this should happen.

  The factors listed above are what you should consider before entering into a separation agreement. However, it is important not to make this decision lightly as the court will look at these points and determine if your intention was really to be bound by these terms.