Separation Agreement

Separation Agreement

You might be in an unhappy marriage or civil partnership.

You might not be ready to divorce yet and you might feel frustrated about the uncertainty of your situation.

Many people find themselves in this situation if they have married for less than a year but they know they want a divorce or to end a Civil Partnership.

Or you might not want the stigma of being a divorcee.

Sometimes ex partners make verbal agreements with each other about the details of the separation. Over time this might leave you feeling vulnerable as either party might decide not to fulfil their side of the agreement. In the absence of a written agreement you might not have much to rely on to support you if a dispute arises. You might be left high and dry.

Our advice is that a divorce is often the most formal and best way to achieve a finality to a marriage. Divorce There are certain grounds for divorce with specific criteria.  Contact our specialist team to discuss your situation and how we can help you. 

There might be a number of reasons why you cannot divorce right now. It might be due to affordability or that you wish to rely on 2 years’ separation as grounds for a divorce. You might want some more time before finally concluding your marriage.

We understand the difficulties that you might face in this situation. You might feel worried about sorting out your finances or where your children and pets will live if you split up. Where will you live? How will you split up your property and savings?

A Separation Agreement can be used as a stepping stone on the pathway to divorce. Both parties must be able to provide full and frank disclosure for the agreement to be valid. If you are not in a position to provide full financial disclosure then this might not be a viable option or you. In addition, a witness must be presence in the signing of the agreement.

A Separation Order can address issues that a divorce would. If you decide to divorce then you may have to repeat the same procedure as the Separation Agreement will be looked at by the court. If all parties agree then a Financial Consent Order will be drawn up from the foundations of the Separation Agreement. There is a risk that the parties or a judge might not agree to the original agreement. Therefore, a Separation Agreement should not be relied upon to bring matters to a conclusion. 

It can be used as a persuasive document in the courtroom but it does not the same weight as Financial Order. If you can prove that both parties willingly entered into the agreement i.e. they were not forced into the agreement on false pretences then the court might be more likely to refer to it. This is why full and frank disclosure is essential when drafting a Separation order. A number of factors will be assessed by the court such as any changes in financial circumstances since the initial agreement and the time of the divorce.

Parties might begin to dispute the grounds of the agreement. If the matter went to court then a judge might decide to amend the terms of the separation order. Therefore, a Financial Order might be more useful as part of the divorce procedure.  

Call our experts today to discuss your issues. They have experience in drafting Consent Orders to individual and specific circumstances.

TMC Solicitors

Why Choose Us?

No case is the same as another, and we do not take a ‘one size fits all approach’ to our clients. We prepare and undertake a tailored strategy based on our client’s individual’s needs and circumstances. Our experienced team is able to provide advice and assistance in various legal areas.

Our team will undertake a formal review of your case documents and advise you on the suggested next steps. Our expertise in this area means that care and consideration will be used when reviewing your file. We understand that matters can be time sensitive and you will receive our advice promptly following our instructions.

We are experts in advising and dealing with complex matters on behalf of vulnerable clients. Our team is committed to fighting for justice and providing a high quality service for all of our clients.

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