How separation agreements work after a relationship breakdown

When a relationship ends, it can feel like everything has been tipped upside down. It’s a time of huge change and this can be overwhelming.

However, amidst the turmoil, other aspects of life continue. Children must be cared for, money earned, bills paid.

At this time of transition, it can be helpful to have some definite arrangements in place so that obligations are met and normal routines maintained, as far as possible. For some couples, coming to an agreement over these things will pose a huge challenge. Communication may have broken down, making any sort of agreed forward planning difficult to achieve. However, as solicitors who help clients navigate this difficult time in their lives, we know that those people that can address the practicalities are able to start to rebuild.

Putting a separation agreement in place is a way of focusing minds on the day-to-day and longer-term things that need to be sorted out. It’s a legal document that records the arrangements agreed between the parties. Typically included will be terms about each party’s financial obligations and even terms about how assets will be divided. A separation agreement can also include arrangements for the couple’s children, including where the children will live and how contact with the other parent will be maintained.

These are all matters that are usually addressed as part of divorce or civil partnership dissolution proceedings and a separation agreement can be a helpful precursor. These agreements can also be extremely useful for unmarried couples that don’t have the legal protections afforded to married couples of civil partners. Designing an agreement encourages the parties to work through the key things that need to be tackled, and where this can be done collaboratively and constructively, so much the better.  Although a separation agreement isn’t legally binding, it can be treated as a formal contract and so a court could be asked to uphold its terms if one partner were to deviate from it. 

However, to be enforceable, a separation agreement must satisfy some legal requirements. One of these is that each person had received independent legal advice on their position. Another is that both parties had shared full details of their assets and liabilities. So, it’s vital to speak with a family law solicitor if you’re considering putting a separation agreement in place. Our team will be able to talk you through the requirements and help you protect your position, as well as carefully drafting the terms you agree with your partner.

To speak to us about separation agreements, or for advice about separation, divorce, or civil partnership dissolution, contact our team on family@bsandi.co.uk or call 01264 353411.