Separation Agreement Solicitors

Caring solicitor who can help you draft a solicitor agreement.

Separation Agreement Solicitors

Our Family Law Fees | Separation Agreement FAQs

If you are married or in a civil partnership and are looking to get separated from your spouse but do not want to get divorced immediately, you should consider getting a separation agreement in writing.

It will give you peace of mind during an already sensitive time by clearly setting out the arrangements you have made with your ex-partner about money, property and child care. It can include things such as how you are going to divide any savings, what will happen to the family home and who the children will live.

How can Freeman Harris Solicitors help with your Seprataion Agreement?

Our family law solicitors at Freeman Harris can advise you on the best choices for you, should you wish to draw up a separation agreement. We will make sure that your best interests are represented and we will be there with you every step of the way until you reach a final agreement.

If you would like us to provide advice and guidance on drafting a separation agreement, please contact us, and we will outline the service we can offer, and the associated costs.

Family Team

Catherine (Cat) carries out a broad range of private client work which include the all family law related work. Her expertise is in resolving family law matters.

Phuong Troung Rohana works on all all legal aspects of relationships, children matters and financial disputes in the Family Law area.

Isabel assists the family law department with all the initial information gathering and research work, which helps drive the department to get fair results for clients.

What our clients say?

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
– 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
– 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

– 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.

Separation AgreementFrom £1200£240From £1440
Separation Agreement ReviewFrom £800£160From £960

Contact us to discuss your separation agreement

Discuss your matter with us.

+44 (0)207 790 7311