If you contemplating separation from your partner or you are experiencing marital breakdown but do not wish, for whatever reason, to commence divorce proceedings, you can still reach an agreement with your spouse in financial and property matters pertaining to your separation by way of a Separation Agreement. It is important that you seek specialist advice as Separation Agreements will only usually be upheld by the Court if certain criteria are met.
A Separation Agreement is a document which sets out the agreed arrangements in financial and property matters in light of separation from your spouse or partner. The agreement can also set out the agreed arrangements concerning any children of the family.
Whilst these agreements are not automatically legally binding, they will hold considerable weight and will likely be upheld by the Court in the event of future dispute if certain criteria were met at the time the agreement was drafted. Our experienced Family Solicitors can advise you as to these criteria, the terms of the proposed agreement and will also properly draft the agreement for you.
If you later divorce your spouse, a Separation Agreement can be converted in to a Consent Order which would be legally binding on you both if approved by the Court.