Separation agreements

When a marriage or civil partnership breaks down, the finality of divorce or dissolution can be daunting. Some clients who tell us that their relationship is definitely over, still waiver when it comes to committing to the legal process that will sever ties with their former partner.

That’s understandable. Divorce and dissolution should draw a line under the marriage or civil partnership, allowing each person to move on. The process can be a difficult one and some people simply are not ready to embark on it – even though they don’t see a future together.

That is a scenario in which a separation agreement can be really useful. It is a contract that sets out terms on which two people will live apart. For some couples that just need to get out of their relationship without having to wait for the process of divorce or dissolution to be finalised, it can be essential. It can also be beneficial where two people have not been married for at least 12 months and so would not be eligible for divorce.  

We can help you prepare a separation agreement that sets out the terms on which you will live separately. It will usually cover arrangements for your children (if applicable), the family home, bills and maintenance if relevant but it’s up to you to decide. The key point is to make sure you cover the things that will genuinely allow you and your former partner to separate, while still fulfilling your individual and collective obligations and responsibilities.

Although they are not legally binding, separation agreements can be upheld by a Court. So, if your ex-partner doesn’t stick to his/her side of the bargain, you may be able to ask the court to force them to do so based on the terms you had recorded in a separation agreement.

Enforceability is far more likely if you and your former partner had been thorough, open and honest in disclosing your financial situations as part of reaching the terms. If you both had your own legal advice at the time, that too should increase the chances of you being able to rely on the agreement if need be.

To find out more about separation agreements, or about divorce or dissolution, get in touch. We’ll explain your options and help you achieve the outcome that’s best for you now and in the longer term.

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.