ORJ Law Logo
Call Today

01785 223440

Or Email

team@orj.co.uk

Our Family Law Solicitors offer specialist legal advice about separation agreements

We have a team of experienced separation agreement solicitors that have helped many couples reach a positive outcome during a sensitive and difficult time. We can assist you with:

  • Providing separation advice
  • Creating a separation agreement  
  • Navigation separation disputes
  • Drafting a legally binding consent order
  • Divorce advice

A separation agreement is when partners want to stop living together as a couple, generally associated with married couples or civil partnerships. As part of the separation agreement, a legal document will be created, outlining finance, property and childcare arrangements.

Examples of this could include: 

  • Property arrangements – Who will live in the family property? This includes children’s accommodation arrangements, whether you will continue to live together for a while, if one of you will move to another property or if the property will be sold. 
  • Mortgage, rent and bill expenses – How will the joint costs associated with household bills be settled until you move out or sell your property?
  • Childcare arrangements – How will you ensure the best childcare arrangements to protect welfare, parental access and ensure appropriate financial support?
  • Shared debts – How you will deal with any shared debts. 
  • Joint assets – How joint assets such as cars, furniture, jewellery will be dealt with.
  • Pets – Who will be responsible for any pets and what access will the other party be granted?
  • Savings, investments and businesses – How will joint savings, investments and business(es) be divided if required?

Is a separation agreement legally binding?

Separation agreements are not legally binding. However, if drafted by a solicitor, the agreement can be a formal legal document that does not require the court’s approval and will be considered if a dispute occurs. It may allow you to challenge in court to a certain extent, as it is a contract.

A separation agreement can be formatted into a consent order if you pursue a divorce or dissolution of civil partnership, which can be submitted to the courts to create a legally-binding document.

Why get a separation agreement if I want a divorce?

To apply for a divorce, you must be separated for at least two years or, for a civil partnership, you must have been in a relationship for at least 12 months. Separation can lead to disputes between parties, regarding accommodation, childcare arrangements and financial security, which is why a settlement agreement is important to protect you and put arrangements in place that are suitable. 

You may change your mind and decide not to go ahead with a divorce, but having a separation agreement in place gives you the time to reflect, as provisions have already been made and your rights will be protected. 

On average it costs £10,000 to £15,000 to dispute the matrimonial finance aspects of a divorce. By having a separation agreement document, drafted by a family law solicitor, with both parties agreeing to terms, a divorce is likely to cost much less. 

Next steps… 

Our family law solicitors in Stafford, Telford, Birmingham and surrounding areas are here to support and provide separation legal advice. If you wish to discuss your family situation or want to create a separation agreement to protect your future, our separation solicitors can support you and offer a FREE 30-minute consultation. To contact a member of our team, email or call us:

family@orj.co.uk

01785 223440