A legal separation agreement is a voluntary agreement you can make when you want to stop living together as a couple. It sets out the arrangements you want to make for things like:
You may be separating but are not yet be ready for divorce, and you want to leave the path open for reconciliation. You may simply want to live apart before you make the decision to divorce. A separation agreement will help you to understand each other’s rights and responsibilities during the separation without the need to go to court.
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Married or Unmarried
You can use a separation agreement whether you are married or unmarried.
If you’re married, you can use a separation agreement to agree the terms of your separation before you finalise arrangements in a divorce. If you’re cohabiting and unmarried, a separation agreement can be useful. Common-law partners are not protected by laws in the same way as married couples.
These work well for couples who are not quite ready or fully committed to a divorce but who wish to make arrangements for finances, property or children.
Separation agreements are not legally binding documents. However, when properly written, it is a contract between two people. It will be taken seriously by the courts in the event of any subsequent challenge.
How to get a Legal Separation Agreement
If you’ve decided separation is the best step forward. Speak to Divorce Negotiator and we’ll draft an agreement that takes into account the needs and wishes of you and your partner.
Once all of the information has been obtained, we’ll send this to you and your partner (or your partner’s solicitor) for approval. You will then be offered clear information based on your circumstances and how reasonable the agreement appears.
Simply put, a legal separation agreement is a contract and is subject to the usual rules of contracts. Those who sign it should consider it an important document, which must be adhered to. Both parties should receive legal advice before signing it. Both must be completely honest to avoid accusations of fraud later down the line.
We can also help you negotiate the terms of the agreement, which can often be complicated and stressful. When everyone is happy with the terms, we will arrange for it to be signed. We can also help you and your partner work out the terms of a Legal Separation Agreement.