Is a Separation agreement better for you both right now, rather than a Divorce?

Divorce isn’t usually a quick process, nor is it one that separated couples necessarily want to begin straightaway. Some might not be quite ready to take the leap. Others will trial their separation and may eventually reconcile. Some will not yet be entitled divorce under the current law.

That time in between separation and divorce can feel like a limbo period. You’re still tied to your partner but you’re living separately and each getting on with life as best you can. To be able to live day-to-day you may need to put in place practical and financial arrangements with your ex.

That’s where a separation agreement comes in. It is a formal legal document that sets out how you and your former partner intend to function separately and at the same time, maintain responsibility for certain outgoings and ownership of certain possessions, like the family car – and even the dog.

An agreement will commonly include:

-         Who will live in the family home

-         How the mortgage and other bills will be paid

-         Arrangements for children, including child maintenance

-         Who owns which assets

-         Who is responsible for which debts

Separation agreements can also be used by civil partners who have separated and may go on to dissolve their partnership.

We encourage clients to think carefully about what they need in order to start living separately. These are the same conversations as we’d have when discussing a divorce settlement, although separation agreements tend to be seen as a stop-gap, as opposed to a final arrangement. They will not always be binding however if each party has been advised by a separate lawyer and has each been transparent about their financial position, a court could uphold the agreement if it came to either of you having to enforce it or one trying to appeal it.

If you have separated from your spouse and would like to find out more about the process of divorce or dissolution, or if you’re interested in putting a separation agreement in place, contact our team today. We have many years’ experience in helping people through the difficult issues that relationship breakdowns present and we focus on finding the best ways of helping clients move on with their lives.

For advice about any aspect of separation, divorce or dissolution, contact one of our specialist solicitors on info@bsandi.co.uk or 01264 353411. We would be delighted to help you.